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NY M87406




October 26, 2006

CLA-2-29:RR:NC:2:238 M87406

CATEGORY: CLASSIFICATION

TARIFF NO.: 2939.49.0100

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

RE: The tariff classification of l-Norephedrine (CAS-492-41-1), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated October 4, 2006, you requested a tariff classification ruling.

The subject product, l-Norephedrine, is the l (-)-enantiomer of Phenylpropanolamine (CAS-14838-15-4), which is also known as dl-Norephedrine and (±)-Norephedrine. You state in your letter that l-Norephedrine is intended for use as a “pharmaceutical intermediate.”

The applicable subheading for l-Norephedrine, imported in bulk form, will be 2939.49.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ephedrines and their salts: Other.” 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 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 merchandise may be also be subject to the requirements of the Controlled Substances Act and/or other statutes that are enforced by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. You may contact them at 2401 Jefferson Davis Highway, Alexandria, VA 22301, telephone (800) 882-9539.

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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