CLA-2-29:RR:NC:2:238 F86114

Mr. Alla Kutsenko
ICC Chemical Corporation
460 Park Avenue
New York, NY 10022

RE: The tariff classification of Azithromycin (CAS-83905-01-5); Captopril (62571-86-2); Cimetidine (CAS-51481-61-9); Enalapril (CAS-75847-73-3); and Felodipine (CAS-72509-76-3), all imported in bulk form, from China

Dear Mr. Kutsenko:

In your letter dated April 20, 2000, you requested a tariff classification ruling.

The first product, Azithromycin, is a semisynthetic derivative of Erythromycin, a naturally occurring macrolide antibiotic. It is indicated for use as an antibacterial drug. The second product, Captopril, is an angiotensin-converting enzyme (ACE) inhibitor indicated for use in the treatment of hypertension and congestive heart failure. The third product, Cimetidine, is an antagonist to histamine H2 receptors. It inhibits the secretion of gastric acid, and is indicated, inter alia, for the treatment of peptic ulcer and gastroesophageal reflux disease (GERD). The fourth product, Enalapril, is the ethyl ester of Enalaprilat, a long-acting angiotensin-converting enzyme (ACE) inhibitor. It is indicated for the treatment of hypertension. The fifth product, Felodipine, is a calcium channel blocker used as a vasodilator in the treatment of hypertension. The applicable subheading for Azithromycin, imported in bulk form, will be 2941.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[A]ntibiotics: Erythromycin and its derivatives; salts thereof." The rate of duty will be free.

The applicable subheading for Captopril, imported in bulk form, will be 2933.90.9000, HTS, which provides for “[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Cimetidine, imported in bulk form, will be 2933.29.4500, HTS, which provides for “[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused imidazole ring (whether or not hydrogenated) in the structure: Other: Other: Drugs. Pursuant to General Note 13, HTS, the rate of duty will free. The applicable subheading for Enalapril, imported in bulk form, will be 2933.90.5300, HTS, which provides for “[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic: Other: Drugs: Cardiovascular drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Felodopine, imported in bulk form, will be 2933.39.4100, HTS, which provides for “[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” 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 301-443-1544.

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