CLA-2-29:OT:RR:E:NC:N2:238

Mr. Kenn Leifheit
Flavine North America, Inc.
10 Reuten Drive
Closter, NJ 07624

RE: The tariff classification of Meclizine (CAS-569-65-3) in bulk form, from India or China

Dear Mr. Leifheit:

In your letter dated October 18, 2007, you requested a tariff classification ruling.

The subject product, Meclizine, also known as Meclozine (INN), is an antihistamine and is also considered to be an antiemetic. It is used in the treatment of motion sickness ranging from nausea and vomiting, to dizziness and vertigo.

The applicable subheading for the Meclizine in bulk form, will be 2933.59.2100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Antihistamines, including those principally used as anti-nauseants." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division