CLA-2-30:S:N:N7:238 887845
Mr. Desmond Flynn
SmithKline Beecham Pharmaceuticals
One Franklin Plaza
PO Box 7929
Philadelphia, PA 19101
RE: The tariff classification of "Bactocill" (sodium oxacillin), an
injectable medicament put up in vials, imported from a foreign trade subzone
Dear Mr. Flynn:
In your letter dated June 21, 1993, you requested a tariff
classification ruling.
The subject merchandise, which you designate by the tradename
"Bactocill", is an injectable medicament, put up in vials, containing sodium
oxacillin (an antibiotic) as the active ingredient. You indicate in your
letter that the instant product will be manufactured in a foreign trade
subzone from 6-aminopenicillanic acid and other ingredients imported into the
subzone, and that, upon completion of the manufacturing process, the packaged
vials will be entered for consumption from the subzone. Please be advised
that any questions you may have pertaining to the country-of-origin marking
requirements of merchandise entered for consumption from a foreign trade
subzone, or the Customs regulations governing the operation of foreign trade
zones or the operations performed therein, should be directed to:
U.S. Customs Service
Office of Regulations & Rulings
Franklin Court
1301 Constitution Avenue, NW
Washington, DC 20029
Attn: Commercial Rulings Division
Accordingly, this ruling is limited to the tariff classification of
Bactocill, being entered for consumption from a foreign trade subzone, put up
in packaged vials.
The applicable subheading for this product will be 3004.10.5060,
Harmonized Tariff Schedule of the United States (HTS), which provides for
medicaments ... consisting of mixed or unmixed products for therapeutic or
prophylactic uses, put up in measured doses or in forms or packings for
retail sale: containing penicillins or derivatives thereof, with a
penicillanic acid structure, or streptomycins or their derivatives: other:
other: other. The rate of duty will be 6.2 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. 177).
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