CLA-2-29:RR:NC:2:238 L86497

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

RE: The tariff classification of Mitocycin C (CAS-50-07-7), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated July 18, 2005, you requested a tariff classification ruling.

The subject product, Mitocycin C, belongs to a group of antitumor antibiotics (the Mitomycins) produced by Streptomyces caespitosus. Mitomycin C is indicated for use as an antineoplastic drug.

The applicable subheading for Mitomycin C, imported in bulk form, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antibiotics: Other: Natural: 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 are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

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
Director,
National Commodity
Specialist Division