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NY J89574





October 8, 2003

CLA-2-29:RR:NC:2:238 J89574

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.79.8500; 2934.99.0100; 2941.30.0000

Ms. Janice Lambertucci
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753-1317

RE: The tariff classification of Levetiracetam (CAS-102767-28-2), Mycophenolate Mofetil (CAS-115007-34-6) and Minocycline Hydrochloride (CAS-13614-98-7), imported in bulk form, from Spain, China and Italy, respectively

Dear Ms. Lambertucci:

In your letter dated August 11, 2003, you requested a tariff classification ruling.

The first product, Levetiracetam, is an antiepileptic drug.

The second product, Mycophenolate Mofetil, is an immunosuppressive agent indicated for the prevention of organ rejection in patients receiving renal, cardiac or hepatic transplants.

The third product, Minocycline Hydrochloride, is the hydrochloride salt of Minocycline, a semisynthetic derivative of tetracycline. It is indicated for use as an antibacterial drug.

The applicable subheading for Levetiracetam, imported in bulk form, will be 2933.79.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Mycophenolate Mofetil, imported in bulk form, will be 2934.99.0100, HTS, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Mycophenolate mofetil.” The rate of duty will be free.

The applicable subheading for Minocycline Hydrochloride, imported in bulk form, will be 2941.30.0000, HTS, which provides for “Antibiotics: Tetracyclines and their derivatives; salts thereof.” 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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