Ms. Elizabeth Thompson
Oscient Pharmaceuticals Corporation
100 Beaver Street
Waltham, MA 02453
RE: The tariff classification of Gemifloxacin Mesylate (CAS-204519-65-3), imported in bulk form, from Korea
Dear Ms. Thompson:
In your letter dated April 26, 2004, you requested a tariff classification ruling.
The subject product, Gemifloxacin Mesylate, is a synthetic, broad-spectrum, antibacterial agent. It is indicated for use as an antibacterial drug, in the treatment of acute bacterial exacerbation of chronic bronchitis and community-acquired pneumonia. For the record, although Gemifloxacin Mesylate is active against a wide range of Gram-negative and Gram-positive microorganisms, you have presented no evidence that it is closely related to any natural antibiotic. Explanatory Note 29.41, HTS.
The applicable subheading for Gemifloxacin Mesylate, imported in bulk form, will be 2933.99.4600, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Anti-infective agents: Other.” The rate of duty will be 6.5 percent ad valorem. At the present time, the subject product is not listed in the Pharmaceutical Appendix to the Tariff Schedule. General Note 13, HTS.
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 1-888-443-6332.
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.
Robert B. Swierupski