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NY L83566




April 11, 2005

CLA-2-29:RR:NC:2:238 L83566

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Lansoprazole (CAS-103577-45-3), imported in bulk form, from India

Dear Mr. Chivini:

In your letter dated March 17, 2005, you requested a tariff classification ruling.

The subject product, Lansoprazole, inhibits the secretion of gastric acid. It is indicated for the short-term treatment of duodenal and gastric ulcers, and erosive esophagitis. It is also indicated for maintenance treatment of healed idiopathic duodenal ulcer, erosive esophagitis, and pathological hypersecretory states such as Zollinger-Ellison syndrome.

The applicable subheading for Lansoprazole, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” 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 1-888-463-6332.

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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