The tariff classification of Sisomicin Concentrate (Base) Liquid,imported in bulk form, from China and Slovenia

NY C86978 July 8, 1998 CLA-2-29:RR:NC:2:238 C86978 CATEGORY: Classification TARIFF NO.: 2941.90.1010 Mr Edmundo Rodriguez Nestor Reyes, Inc. P.O. Box 9023474 San Juan, PR 00902-3474 RE: The tariff classification of Sisomicin Concentrate (Base) Liquid, imported in bulk form, from China and Slovenia Dear Mr. Rodriguez: In your letter dated February 13, 1998, resubmitted on April 14, 1998, on behalf of your client, Schering-Plough Products, Inc., you requested a tariff classification ruling. The subject product, designated as Sisomicin Concentrate (Base) Liquid, consists of Sisomicin (CAS-32385-11-8), at a concentration of not less than 40% (by weight), dissolved in water. According to the 28th edition of Dorland's Illustrated Medical Dictionary, and the 9th edition of Goodman & Gilman's The Pharmacological Basis of Therapeutics, Sisomicin is a naturally occurring aminoglycoside antibiotic derived from Micromonospera inyoensis, closely related to the C1a component of the Gentamicin family of antibiotics, which also includes Gentamicin C1, C2, and Netilimicin (the 1-N-ethyl derivative of Sisomicin). You indicate in your letter of February 13, 1998, that the subject product will be used (as a precursor) in the manufacture of Netilimicin. The applicable subheading for the subject product will be 2941.90.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Antibiotics: Other: Natural: Aminoglycoside antibiotics." 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 National Import Specialist Harvey Kuperstein at 212-466-5770. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division