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NY J88358




October 3, 2003

CLA-2-29:RR:NC:2:239 J88358

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.99.9000; 2932.29.5050; 2933.39.4100

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

RE: The tariff classification of 5-Formyl-3-Thiophene Carboxylic Acid Methyl Ester from France; Simvastatin (CAS 79902-63-9) from China; and Tropicamide (CAS 1508-75-4) from Mexico.

Dear Ms. Mannisto:

In your letter dated September 5, 2003, you requested a tariff classification ruling for the above products.

The applicable subheading for 5-Formyl-3-Thiophene Carboxylic Acid Methyl Ester, which you have stated will be used as a pharmaceutical intermediate, will be 2934.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other heterocyclic compounds. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Simvastatin, indicated for use as an antihyperlipidemic drug, will be 2932.29.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for heterocyclic compounds with oxygen hetero-atom(s) only: lactones: other. Pursuant to General Note 13 to the Harmonized Tariff Schedule this product is free of duty.

The applicable subheading for Tropicamide, indicated for use as an anticholingeric drug, will be 2933.39.4100, HTS, which provides for heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: other: other: drugs: other. Pursuant to General Note 13 to the Harmonized Tariff Schedule this product is free of duty.

Simvastatin and Tropicamide 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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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