The tariff classification of Meropenem (CAS Reg. No. 96036-03-2), in bulk form; put up in measured doses; and mixed with Sodium carbonate (not put up in measured doses), from Japan

NY 802767 November 7, 1994 CLA-2-29:S:N:N7:238 802767 CATEGORY: Classification TARIFF NO.: 2941.90.5000; 3004.20.0060; 3003.20.0000 Mr. Melvin E. Brown, Jr. Zeneca Pharmaceuticals Group 1800 Concord Pike Wilmington, DE 19897 RE: The tariff classification of Meropenem (CAS Reg. No. 96036-03-2), in bulk form; put up in measured doses; and mixed with Sodium carbonate (not put up in measured doses), from Japan Dear Mr. Brown: In your letter dated September 22, 1994, you requested a tariff classification ruling. Meropenem is a synthetically produced antibiotic which, in our opinion, is closely related to Thienomycin, a natural occurring antibiotic belonging to the family of antibiotics called "carbapenems". You indicate that Meropenem offers broad-spectrum activity against a variety of bacterial diseases. You also indicate that Meropenem is designated by the trade name, "Merrem". The applicable subheading for Meropenem, in bulk form, will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Antibiotics: Other: Other: Other." The rate of duty will be 3.7 percent ad valorem. The applicable subheading for Meropenem, put up in measured-dose form, will be 3004.20.0060, HTS, which provides for: "Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Containing other antibiotics: Other: Other." The rate of duty will be 3.7 percent ad valorem. The applicable subheading for Meropenem imported mixed with Sodium carbonate will be 3003.20.0000, HTS, which provides for: "Medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Containing other antibiotics." The rate of duty will be 3.7 percent ad valorem. This merchandise may be subject to the regulations of the 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 Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport