NY 858230
DEC 27 1990
CLA-2-29:S:N:N1:238 858230
Ms. Diana Cloninger
Searle
Box 5110
Chicago, Illinois 60680-5110
RE: The tariff classification of D-Cycloserine produced
naturally from Japan and produced synthetically from Italy or
Belgium.
Dear Ms. Cloninger:
In your letter dated October 31, 1990 you requested a tariff
classification ruling.
The product is a non-aromatic antibiotic substance that is
used as an antibacterial (tuberculostatic) reactant which will be
imported in an unmixed bulk form. According to the flow chart
you have submitted , the D-Cycloserine produced by Meija Seika
Kaisha, Ltd. of Japan is obtained from a naturally occurring
fermentation process. The D-Cycloserine from Italy and Belgium
is produced synthetically.
The applicable subheading for the naturally produced D-
Cycloserine, will be 2941.90.1050, Harmonized Tariff Schedule of
the United States (HTS), which provides for other, natural
antibiotics, other. The rate of duty will be 1.8 percent ad
valorem. The applicable subheading the synthetically produced
D-Cycloserine will be 2941.90.5000, HTS, which provides for
antibiotics, other, other. The rate of duty will be 3.7 percent
ad valorem.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (202)
443-3380.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 17
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport