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NY L88279





October 27, 2005

CLA-2-29:RR:NC:2:238 L88279

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100; 2937.29.9090

Ms Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite204
Jericho, NY 11753

RE: The tariff classification of Fexofenadine Hydrochloride (CAS-138452-21-8) and Finasteride (CAS-98319-26-7), imported in bulk form, from Spain and Italy, respectively

Dear Ms. Forstenzer:

In your letter dated October 10, 2005, you requested a tariff classification ruling.

The first product, Fexofenadine Hydrochloride, is an antihistaminic drug. It is used to relieve hay fever and allergy symptoms, including runny nose, sneezing, and red, itchy eyes. It is also used to treat symptoms of hives, including itching and rash.

The second product, Finasteride, is a synthetic steroid analogue that functions as an anti-androgen by inhibiting steroid Type II 5(alpha)-reductase, an enzyme that converts the (androgen) hormone testosterone into 5(alpha)-dihydrotestosterone (DHT).

The applicable subheading for Fexofenadine Hydrochloride, 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: Drugs: Other. Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Finasteride, imported in bulk form, will be 2937.29.9090, HTS, which provides for “Steroidal hormones, their derivatives and structural analogues: 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 are 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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