CLA-2-29:RR:NC:2:238 H85843

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

RE: The tariff classification of Acetaminophen (CAS-103-90-2), Albuterol Sulfate (CAS-51022-70-9); Alprazolam (CAS-28981-97-7); Beclomethasone (CAS-4419-39-0); and Bromocriptine Mesylate (CAS-22260-51-1), all imported in bulk form, from Taiwan, India, India, Italy and Italy, respectively

Dear Mr. Tartaro:

In your letter dated August 23, 2001, you requested a tariff classification ruling.

The first product, Acetaminophen, is indicated for use as an analgesic and antipyretic drug. The second product, Albuterol Sulfate, is indicated for use as a bronchodilator drug.

The third product, Alprazolam, is indicated for the management of anxiety disorder, and for the treatment of panic disorder.

The fourth product, Beclomethasone, is a synthetic halogenated corticosteroid having anti-inflammatory properties. It is indicated for the relief of the symptoms of rhinitis, and in the maintenance treatment of asthma as prophylactic therapy. The fifth product, Bromocriptine Mesylate, is the mesylate salt of Bromocriptine, a semisynthetic derivative belonging to the amino acid or ergopeptine group of ergot alkaloids. It is used to suppress prolactin secretion, and in the treatment of Parkinson's disease.

The applicable subheading for Acetaminophen, imported in bulk form, will be 2924.29.6210, Harmonized Tariff Schedule of the United States (HTS), which provides for "Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Drugs: Other: Acetaminophen." The rate of duty will be 6.5 percent ad valorem. We note that, at the present time, the International Nonproprietary Name (INN) for Acetaminophen, i.e., “Paracetamol,” is not listed in the Pharmaceutical Appendix to the Tariff Schedule.

The applicable subheading for Albuterol Sulfate, imported in bulk form, will be 2922.50.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for: “Oxygen-function amino-compounds: Amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function: Aromatic: Other: Drugs: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Alprazolam, imported in bulk form, will be 2933.90.6100, 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: Antidepressants, tranquilizers and other psychotherapeutic agents: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Beclomethasone, imported in bulk form, will be 2937.22.000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Halogenated derivatives of adrenal cortical hormones." The rate of duty will be free.

The applicable subheading for Bromocriptine Mesylate, imported in bulk form, will 2939.69.0000, HTS, which provides for: "Alkaloids of rye ergot and their derivatives; salts thereof: Other." 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) 443-6553.

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 the National Import Specialist at 212-466-5770.


Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division