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NY J88248




August 29, 2003

CLA-2-29:RR:NC:2:238 J88248

CATEGORY: CLASSIFICATION

TARIFF NO.: 2932.99.6100; 2933.39.4100

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Escitalopram Oxalate (CAS-219861-08-2) and Rabeprazole Sodium (CAS-117976-90-6), imported in bulk form, from India

Dear Mr. Tartaro:

In your letter dated August 25, 2003, you requested a tariff classification ruling.

The first product, Escitalopram Oxalate, is indicated for the treatment of depression.

The second product, Rabeprazole Sodium, is indicated for the treatment of gastroesophageal reflux disease (GERD), ulcers of the stomach and duodenum, and for the treatment of conditions where the stomach produces excessive amounts of acid.

The applicable subheading for Escitalopram Oxalate, imported in bulk form, will be 2932.99.6100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 7.2 percent ad valorem. At the present time, “Escitalopram” is not included in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule.

The applicable subheading for Rabeprazole Sodium, imported in bulk form, will be 2933.39.4100, 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.

This merchandise 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.

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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