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NY J88159




September 17, 2003

CLA-2-29:RR:NC:2:238 J88159

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100; 2933.99.7900; 2941.90.1050

Ms. Laura Mannisto
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Mepenzolate Bromide (CAS-76-90-4) imported in bulk form, 6-Methylquinoxaline (CAS-6344-72-5), and Sirolimus (CAS-53123-88-9), imported in bulk form, from France, the Czech Republic and Italy, respectively

Dear Ms. Mannisto:

In your letter dated August 18, 2003, you requested a tariff classification ruling.

The first product, Mepenzolate Bromide, is an anticholinergic drug. According to Dorland’s Illustrated Medical Dictionary, 29th Edition, Mepenzolate Bromide is used as an adjunct in the treatment of peptic ulcers and in the treatment of disorders in which hypermotility of the colon is present.

The second product, 6-Methylquinoxaline, is (as stated in your letter) intended for use as a pharmaceutical intermediate.

The third product, Sirolimus (name previously used: Rapamycin), is a macrocyclic lactone produced by Streptomyces hygroscopicus. At the present time, Sirolimus is indicated for the prevention of organ rejection in patients receiving renal transplants.

The applicable subheading for Mepenzolate Bromide, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free. The applicable subheading for 6-Methylquinoxaline will be 2933.99.7900, HTS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for Sirolimus, imported in bulk form, will be 2941.90.1050, HTS, which provides for “Antibiotics: Other: Natural: Other.” The rate of duty will be free. New York Ruling Letter H85786, dated December 11, 2001.

Mepenzolate Bromide and Sirolimus may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

6-Methylquinoxaline may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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