CLA-2-29:RR:NC:2:238 B89629

Mr. Michael Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Paroxetine (CAS 61869-08-7), imported in bulk form, from Japan; Flutamide (CAS-13311-84-7), imported in bulk form, from India; and Metoprolol Tartrate (CAS-56392-17-7), imported in bulk form, from India Dear Mr. Tartaro:

In your letter dated September 16, 1997, you requested a tariff classification ruling.

The first product, Paroxetine, is a drug indicated for use in the treatment of depression, obsessive compulsive disorder (OCD), and panic disorder. The second product, Flutamide, is a drug indicated for use in the treatment of prostate cancer. The third product, Metoprolol Tartrate, is a drug indicated for use in the treatment of hypertension, angina pectoris, and myocardial infarction.

The applicable subheading for Paroxetine, imported in bulk form, will be 2934.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Nucleic acids and their salts; other heterocyclic compounds: Other: Aromatic or modified aromatic: Other: Drugs." Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Flutamide, imported in bulk form, will be 2924.29.6250, HTS, which provides for: "Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other." Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Metoprolol Tartrate, imported in bulk form, will be 2922.50.1400, HTS, which provides for: "Amino-alcohol-phenols, amino-acid-phenols and other amino compounds with oxygen function: Aromatic: Other: Drugs: Other: Cardiovascular drugs. Pursuant to General Note 13, HTS, 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) 443-6553.

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 Cornelius Reilly at 212-466-5770.


Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division