NY 858230

DEC 27 1990

CLA-2-29:S:N:N1:238 858230

Ms. Diana Cloninger
Box 5110
Chicago, Illinois 60680-5110

RE: The tariff classification of D-Cycloserine produced naturally from Japan and produced synthetically from Italy or Belgium.

Dear Ms. Cloninger:

In your letter dated October 31, 1990 you requested a tariff classification ruling.

The product is a non-aromatic antibiotic substance that is used as an antibacterial (tuberculostatic) reactant which will be imported in an unmixed bulk form. According to the flow chart you have submitted , the D-Cycloserine produced by Meija Seika Kaisha, Ltd. of Japan is obtained from a naturally occurring fermentation process. The D-Cycloserine from Italy and Belgium is produced synthetically.

The applicable subheading for the naturally produced D- Cycloserine, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other, natural antibiotics, other. The rate of duty will be 1.8 percent ad valorem. The applicable subheading the synthetically produced D-Cycloserine will be 2941.90.5000, HTS, which provides for antibiotics, other, other. The rate of duty will be 3.7 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. 17

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.


Jean F. Maguire
Area Director
New York Seaport