Ms. Lois Mauro
P.D.M. Pharmatec, Inc.
225 West 34th Street, Suite 1307
New York, NY 10122
RE: The tariff classification of Phenylpropanolamine Hydrochloride (CAS-154-41-6) and Dichloralphenazone (CAS-480-30-8), imported in bulk form, from China and India
Dear Ms. Mauro:
In your letter dated November 29, 1999, you requested a tariff classification ruling.
The first product, Phenylpropanolamine Hydrochloride, is the hydrochloride salt of a synthetically produced form of Norpseudoephedrine, a naturally occurring alkaloid. According to Remington’s Pharmaceutical Sciences, Eighteenth Edition, it is principally used as a nasopharyngeal and bronchial decongestant.
The second product, Dichloralphenazone, is a mild sedative, used in combination with other ingredients for the relief of tension and vascular headaches.
The applicable subheading for Phenylpropanolamine hydrochloride, imported in bulk form, will be 2939.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Ephedrines and their salts: Other." The rate of duty will be free.
The applicable subheading for Dichloralphenazone, imported in bulk form, will be 2933.19.3500, HTS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyrazole ring (whether or not hydrogenated) in the structure: Aromatic or modified aromatic: Other: Drugs.”
We note that Dichloralphenazone is not listed in the Pharmaceutical Appendix to the Tariff Schedule. We further note that, notwithstanding India’s status as a beneficiary developing country under the Generalized System of Preferences (GSP), products imported from India, which are classifiable under 2933.19.3500, HTS, are not eligible for duty-free treatment for purposes of the GSP. General Note 4(a) and 4(d), HTS. Accordingly, the rate of duty for Chloralphenazone, in bulk form, when imported from China or India, will be 6.5 percent ad valorem.
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.
Robert B. Swierupski