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NY L88471





November 9, 2005

CLA-2-29:RR:NC:2:238 L88471

CATEGORY: CLASSIFICATION

TARIFF NO.: 2916.39.4500

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

RE: The tariff classification of (S)-Ibuprofen Lysinate (CAS-141505-32-0), imported in bulk form, from India

Dear Mr. Chivini:

In your letter dated October 20, 2005, you requested a tariff classification ruling.

The subject product, (S)-Ibuprofen Lysinate, is a nonsteroidal analgesic, antipyretic, and anti-inflammatory agent (NSAID). It is used to relieve pain, reduce fever, and treat osteoarthritis and rheumatoid arthritis.

The applicable subheading for (S)-Ibuprofen Lysinate, imported in bulk form, will be 2916.39.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem. Pursuant to General Note 4(b)(i) and (ii), HTS, this merchandise, as a product of India, is not eligible for duty-free treatment under the Generalized System of Preferences (GSP).

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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