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NY L80596




November 10, 2004

CLA-2-30:RR:NC:2:238 L80596

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.10.5060

Mr. Albert Mendez
Atlas Pharma Corporation
250 Everglade Avenue
Palm Beach, FL 33480

RE: The tariff classification of Tamocil® capsules and tablets from China

Dear Mr. Mendez:

In your letter dated October 19, 2004, you requested a tariff classification ruling.

The subject products, Tamocil® capsules and tablets, consist of capsules and tablets containing amoxicillin (as the trihydrate), a semi-synthetic antibiotic related to penicillin, as the active ingredient. Tamocil® is supplied as 250 mg and 500 mg capsules in blister packs of 12 capsules (2 packs per box), and 250 mg and 500 mg capsules in sterile, sealed, plastic bottles (1,000 capsules per bottle). Tamocil® is also supplied as 875 mg tablets in sterile, sealed, plastic bottles (1,000 tablets per bottle). The subject products are indicated for use in the treatment of infections caused by susceptible (i.e., only β-lactamase-negative) strains of various pathogenic bacteria.

The applicable subheading for Tamocil® capsules and tablets will be 3004.10.5060, Harmonized Tariff of the United States (HTS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: Other: Other: Other.” 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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