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NY M83035




May 11, 2006

CLA-2-29:RR:NC:2:238 M83035

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.99.2600; 2934.99.3000

Ms. Laura Mannisto
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07652-1579

RE: The tariff classification of Azelastine Hydrochloride (CAS-79307-93-0) and Olanzapine (CAS-132539-06-1), imported in bulk form, from Italy and Spain, respectively

Dear Ms. Mannisto:

In your letter dated April 28, 2006, you requested a tariff classification ruling.

The first product, Azelastine Hydrochloride, is an antihistamine used to treat hay fever and allergy symptoms, including runny nose, sneezing, and itchy nose. It is also used to treat itching of the eye associated with allergic conjunctivitis.

The second product, Olanzapine, is indicated for the treatment of schizophrenia and, in combination with fluoxetine hydrochloride, for the treatment of depressive episodes associated with bipolar disorder.

The applicable subheading for Azelastine Hydrochloride, imported in bulk form, will be 2933.99.2600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Antihistamines.” Pursuant to G.N. Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Olanzapine, imported in bulk form, will be 2934.99.3000, HTSUS, which provides for: “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to G.N. 13, HTSUS, the rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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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