CLA-2-2:RR:NC:2:238 H81635

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Levofloxacin (CAS-138199-71-0, hemihydrate; CAS-100986-85-4, anhydrous), imported in bulk form, from India

Dear Mr. Tartaro:

In your letter dated April 30, 2001, you requested a tariff classification ruling.

The subject product, Levofloxacin, is the pure (-)-(S)-enantiomer of the racemic (±) drug substance Ofloxacin (CAS-82419-36-1). Like Ofloxacin, Levofloxacin is indicated for use as an antibacterial drug. The applicable subheading for Levofloxacin, imported in bulk form, will be 2934.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Nucleic acids and their salts; other heterocyclic compounds: Other: Aromatic or modified aromatic: Other: Drugs." 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