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NY J89061




October 14, 2003

CLA-2-29:RR:NC:2:238 J89061

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.99.4700; 2933.79.0800

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

RE: The tariff classification of Fludarabine Phosphate (CAS-75607-67-9) and Ciclopirox Olamine (CAS-41621-49-2), imported in bulk form, from China and Italy, respectively

Dear Ms. Mannisto:

In your letter dated October 2, 2003, you requested a tariff classification ruling.

The first product, Fludarabine Phosphate, is indicated for the treatment of B-cell chronic lymphocytic leukemia (CLL).

The second product, Ciclopirox Olamine, is a broad-spectrum, antifungal agent.

The applicable subheading for Fludarabine Phosphate, imported in bulk form, will be 2934.99.4700, Harmonized Tariff Schedule of the United States (HTS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other hetereocyclic compounds: Other: Other: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Ciclopirox Olamine, imported in bulk form, will be 2933.79.0800, HTS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Aromatic or modified aromatic: Other: Products described in additional U.S. note 3 to section VI.” Pursuant to Genreal 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.

With repect to your request for a ruling on (2S,3R,4S)-4-Hydroxyisoleucine, please be advised that we require the structural formula (the structural formula submitted was for D-Tryptophan methylester hydrochloride, CAS-14907-27-8) and confirmation that CAS-50764-07-3 is, in fact, the CAS number assigned to (2S,3R,4S)-4-Hydroxyisoleucine. When this information is available, you may wish to resubmit your request.

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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