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NY K89730




September 27, 2004

CLA-2-30:RR:NC:2:238 K89730

CATEGORY: CLASSIFICATION

TARIFF NO.: 2914.69.2000

Ms. Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike
Jericho, NY 11753

RE: The tariff classification of Atovaquone (CAS-95233-18-4), imported in bulk form, from Spain

Dear Ms. Forstenzer:

In your letter dated September 17, 2004, you requested a tariff classification ruling.

The subject product, Atovaquone, is indicated for the prevention of Pneumocystis carinii pneumonia in patients who are intolerant to trimethoprim-sulfamethoxazole. It is also indicated, in combination with proguanil hydrochloride, for the prevention of P. falciparum malaria.

The applicable subheading for Atovoquone, imported in bulk form, will be 2914.69.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives: Quinones: Other: Drugs.” 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 1-888-443-6332.

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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