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NY J88491




September 24, 2003

CLA-2-29:RR:NC:2:238 J88491

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.99.7900; 2933.99.5300; 29; 2918.19.9000

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

RE: The tariff classification of D-Tryptophan methylester hydrochloride (CAS-14907-27-8) from Japan; Fluvastatin Sodium (CAS-93957-55-2), imported in bulk form, from China; and Pravastatin Sodium (CAS-81131-70-6), imported in bulk form, from China

Dear Ms. Mannisto:

In your letter dated August 28, 2003, you requested a tariff classification ruling.

The first product, D-Tryptophan methylester hydrochloride, will (according to your letter) be used as a chemical intermediate.

The second product, Fluvastatin Sodium, is a cholesterol-lowering agent indicated, as an adjunct to diet, for the reduction of elevated total cholesterol levels, and for slowing the progression of coronary atherosclerosis in patients with coronary heart disease, by lowering total cholesterol levels.

The third product, Pravastatin Sodium, is a lipid-lowering agent indicated for use in hypercholesterolemic patients judged to be at increased risk for atherosclerosis-related clinical events (e.g., myocardial infarction, stroke), with or without clinically evident coronary heart disease.

The applicable subheading for D-Tryptophan methylester hydrochloride will be 2933.99.7900, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hetrocyclic 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 Fluvastatin Sodium, imported in bulk form, will be 2933.99.5300, HTS, which provides for ”Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic Or modified aromatic: Other: Drugs: Cardiovascular drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Pravastatin Sodium, imported in bulk form, will be 2918.19.9000, HTS, which provides for “Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

D-Tryptophan methylester hydrochloride 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.

Fluvastatin Sodium and Pravastatin Sodium 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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