The tariff classification of Bacitracin (CAS No. 1405-87-4) and Timentin™ (Ticarcillin/Clavulanate) in bulk form, from China

N298130 July 11, 2018 CLA-2-29:OT:RR:NC:N1:138 CATEGORY: Classification TARIFF NO.: 2941.90.1050; 3003.10.0000 Mr. Noah Sondov-Gold Gold Biotechnology, Inc. 1328 Ashby Road St. Louis, MO 63132 RE: The tariff classification of Bacitracin (CAS No. 1405-87-4) and Timentin™ (Ticarcillin/Clavulanate) in bulk form, from China Dear Mr. Sondov-Gold: In your letter dated June 20, 2018, you requested a tariff classification ruling on various antibiotics that will be used for research only. Below are the descriptions you provided on the following: Item 1 Bacitracin (CAS # 1405-87-4) is a cyclic polypeptide antibiotic isolated from Bacillus subtilis. Bacitracin targets the cell wall of gram-positive organisms such as Streptococcus pyogenes and Staphylococcus aureus. Bacitracin also functions as a useful tool to distinguish between group A and group B ß-hemolytic Streptococcus species, which are susceptible and resistant, respectively. This product will be imported as a white to pale buff powder in 1kg bulk form. Item 2 Timentin (Ticarcillin/Clavulanate) (CAS # 4697-14-7; 61177-45-5) is a 15:1 mixture of ticarcillin and clavulanate. Ticarcillin is a penicillin ß-lactam antibiotic, which is susceptible to ß-lactamase degradation. When combined with clavulanate, a ß-lactamase inhibitor, its efficacy is greatly increased. Timentin exhibits high activity against gram-negative bacteria and resistant Agrobacterium species. This product will be imported as a white to off-white to yellowish powder in 10 kg bulk form. According to our research, Timentin is a mixture of Ticaracillin Disodium (penicillin antibiotic) and Clavulanate Potassium (a ß-lactamase inhibitor) indicated for the treatment of various bacterial infections. The applicable subheading for Bacitracin in bulk form will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Antibiotics: Other: Natural: Other." The rate of duty will be free. The applicable subheading for Timentin (Ticarcillin/Clavulanate) in bulk form will be 3003.10.0000, HTSUS, which provides "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 penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives." 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 https://hts.usitc.gov/current. 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 merchandise may also be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.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 Judy Lee at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division