CLA-2-29:RR:NC:2:238 B85294
Ms. Joan von Doehren
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579
RE: The tariff classification of Midazolam Maleate (CAS-59467-94-6), imported in bulk form, from Ireland; Metformin
Hydrochloride (CAS-1115-70-4), imported in bulk form, from
Spain; and Oxalyl Chloride (CAS-79-37-8), from France
Dear Ms. von Doehren:
In your letter dated April 30, 1997, you requested a tariff
classification ruling.
The first product, Midazolam Maleate, is indicated for
intravenous use for the induction of general anesthesia. The
second product, Metformin Hydrochloride is an oral
antihyperglycemic drug used in the management of non-insulin-dependent diabetes mellitus. The third product, Oxalyl Chloride,
also known as ethanedioyl dichloride, is a colorless, fuming
liquid derived from the interaction of oxalic acid and phosphorus
pentachloride. You state that it will be used as a synthesis
intermediate for pharmaceuticals and fine chemicals.
The applicable subheading for Midazolam Maleate will be
2933.90.7000, Harmonized Tariff Schedule of the United States
(HTS), which provides for: "Heterocyclic compounds with nitrogen
hetero-atom(s) only: Other: Aromatic or modified aromatic Other:
Drugs: Drugs primarily affecting the central nervous system:
Other." Pursuant to General Note 13, HTSUS, the rate of duty
will be free.
The applicable subheading for Metformin Hydrochloride will
be 2925.20.9000, HTS, which provides for: "Imines and their
derivatives; salts thereof: Other: Other." Pursuant to General
Note 13, HTSUS, the rate of duty will be free.
The applicable subheading for Oxalyl Chloride will be
2917.19.7050, HTS, which provides for: "Acyclic polycarboxylic
acids, their anhydrides, halides, peroxides, peroxyacids and
their derivatives: Other: Other: Other: Other." The rate of duty
will be 4 percent ad valorem.
Midazolam Maleate and Metformin Hydrochloride 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) 443-6553.
Oxalyl Chloride may be subject to the requirements of the
Toxic Substances Control Act (TSCA), which is administered by the
U.S. Environmental Protection Agency. You may contact them at
402 M Street, S.W., Washington, D.C. 20460, telephone number
(202) 554-1404, or EPA Region II at (908) 321-6669.
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
Cornelius Reilly at 212-466-5770.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division