The tariff classification of Ampicillin Sodium (CAS-69-52-3) and Sulbactam Sodium (CAS-69388-84-7), imported in bulk form, from Italy

N099858 April 8, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2941.10.1000; 2934.99.4700 Ms. Robyn Addabbo InterChem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652 RE: The tariff classification of Ampicillin Sodium (CAS-69-52-3) and Sulbactam Sodium (CAS-69388-84-7), imported in bulk form, from Italy Dear Ms. Addabbo: In your letter dated March 23, 2010, you requested a tariff classification ruling. The first product, Ampicillin Sodium, is a penicillin-type antibiotic. It is used for the treatment of a variety of bacterial infections. The second product, Sulbactam Sodium, is a ß-lactamase inhibitor used as the sodium salt to increase the antibacterial activity of penicillins and cephalosporins against ß-lactamase–producing organisms. The applicable subheading for the Ampicillin Sodium in bulk form will be 2941.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antibiotics: Penicillins and their derivatives with a penicillanic acid structure; salts thereof: Ampicillin and its salts.” The rate of duty will be free. The applicable subheading for the Sulbactam Sodium in bulk from will be 2934.99.4700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Other: Drugs”. Pursuant to General Note 13, HTS, 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