CLA-2-29:RR:NC:2:238 G88842

Ms. Lisa M. Conzo
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Clomipramine Hydrochloride (CAS-17321-77-6) and Hetacillin Potassium (CAS-5321-32-4), imported in bulk form, from France and Italy, respectively

Dear Ms. Conzo:

In your letter dated March 7, 2001, you requested a tariff classification ruling.

The first product, Clomipramine Hydrochloride, is an anti-obsessional drug belonging to the class (dibenzazepine) of pharmacologic agents known as tricyclic antidepressants.

The second product, Hetacillin Potassium, is the potassium salt of hetacillin, a broad-spectrum semisynthetic penicillin derived from 6-aminopenicillanic acid and chemically related to ampicillin. At the present time, Hetacillin Potassium appears to be principally, if not exclusively, used as a veterinary drug in the treatment of such conditions as bovine mastitis. The applicable subheading for Clomipramine Hydrochloride, imported in bulk form, will be 2933.90.6100, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic: Other: Drugs: Drugs primarily affecting the central nervous system: Antidepressants, tranquilizers and other psychotherapeutic agents: Other." Pursuant to General Note 13, HTS, the rate of duty will be free. The applicable subheading for Hetacillin Potassium, imported in bulk form, will be 2941.10.5000, HTS, which provides for “[A]ntibiotics: Penicillins and their derivatives with a penicillanic acid structure; salts thereof: 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