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NY R03981




May 30, 2006

CLA-2-29:RR:NC:2:238 R03981

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.29.2000; 2933.39.4100; 2933.59.5900; 2922.19.0900

Mr. Joseph Scanlon
Granules USA
111 Howard Blvd., Suite 212
Mt. Arlington, NJ 07856

RE: The tariff classification of Oxymetazoline Hydrochloride (CAS-2315-02-8), Phenazopyridine Hydrochloride (CAS-136-40-3), Pamabrom (CAS-606-04-2) and Phenyltoloxamine Citrate (CAS-1176-08-5), imported in bulk form, from India

Dear Mr. Scanlon:

In your letter dated May 19, 2006, you requested a tariff classification ruling.

The first product, Oxymetazoline Hydrochloride, is used for the temporary relief of nasal congestion or stuffiness caused by hay fever or other allergies, colds, or sinus trouble.

The second product, Phenazopyridine Hydrochloride, is used to relieve the pain, burning, and discomfort caused by infection or irritation of the urinary tract.

The third product, Pamabrom, is indicated for use as a diuretic.

According to Dorland’s Illustrated Medical Dictionary, 28th edition, the fourth product, Phenyltoloxamine Citrate, is used as an (orally administered) antihistamine, mainly to decongest the nasal mucosa. We also note its characterization as “a non-barbiturate sedative,” in the 2000 edition of the Physicians’ Desk Reference®.

The applicable subheading for Oxymetazoline Hydrochloride, imported in bulk form, will be 2933.29.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused imidazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Phenazopyridine Hydrochloride, imported in bulk form, will be 2933.39.4100, HTSUS, 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: Other: Drugs: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Pamabrom, imported in bulk form, will be 2933.59.5900, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Other.” The rate of duty will be 3.7 percent ad valorem. Articles classifiable under subheading 2933.59.5900, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

The applicable subheading for Phenyltoloxamine Citrate, imported in bulk form, will be 2922.19.0900, HTSUS, which provides for “Oxygen-function amino-compounds: Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other: Aromatic: Drugs.” Pursuant to General Note 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 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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