CLA-2-29:RR:NC:2:238 E82042

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

RE: The tariff classification of Phosphomycin Sodium (CAS-26016-99-9), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated May 26, 1999, you requested a tariff classification ruling. We regret the delay in responding.

The subject product, referred to by you as “Phosphomycin Sodium,” is the disodium salt of a naturally occurring antibiotic having the same United States Adopted Name (“USAN”) and International Nonproprietary Name (“INN”): Fosfomycin. It is indicated for use as an antibacterial drug.

The applicable subheading for the subject product, imported in bulk form, will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[A]ntibiotics: Other: Other: Other." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 212-637-7068.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division