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NY M86356




September 14, 2006

CLA-2-29:RR:NC:2:238 M86356

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.10.1000; 2941.90.3000; 2933.39.4100

Ms. Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753

RE: The tariff classification of Pioglitazone Hydrochloride (CAS-112529-15-4), Vancomycin Hydrochloride (CAS-1404-93-9), and Rabeprazole (CAS-117976-89-3), all imported in bulk form, from Spain and China

Dear Ms. Forstenzer:

In your letter dated August 30, 2006, you requested a tariff classification ruling.

The first product, Pioglitazone Hydrochloride, is an orally administered antidiabetic drug.

The second product, Vancomycin Hydrochloride, is a glycopeptide antibiotic produced by Streptomyces orientalis. It is indicated for use as an antibacterial drug.

The third product, Rabeprazole, is indicated for the short-term treatment of, among other things, gastroesophageal reflux disease (GERD), gastric ulcer, and duodenal ulcer.

The applicable subheading for Pioglitazone Hydrochloride, imported in bulk form, will be 2934.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure: Aromatic or modified aromatic: Products described in additional U.S. note 3 to section VI.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Vancomycin Hydrochloride, imported in bulk form, will be 2941.90.3000, HTSUS, which provides for “Antibiotics: Other: Other: Aromatic or modified aromatic.” The rate of duty will be free.

The applicable subheading for Rabeprazole, imported in bulk form, will be 2933.39.4100, HTSUS, which provides for “Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

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.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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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