The tariff classification of Chlorhexidine (Base) CAS 55-56-1 and Chlorhexidine Glucuonate (Digluconate) CAS 18472-51-0 from India

NY F89706 August 2, 2000 CLA-2-29:RR:NC:2:240 F89706 CATEGORY: Classification TARIFF NO.: 2925.20.6000 Mr. Hal Feren ICEC 2975 Westchester Avenue Purchase, NY 10577 RE: The tariff classification of Chlorhexidine (Base) CAS 55-56-1 and Chlorhexidine Glucuonate (Digluconate) CAS 18472-51-0 from India Dear Mr. Feren: In your letter dated July 10, 2000 you requested a tariff classification ruling. Chlorhexidine (Base) CAS 55-56-1 and Chlorhexidine Glucuonate (Digluconate) CAS 18472-51-0, imported in bulk, are antimicrobial agents used in antibacterial preparations. Chlorhexidine (Base) and Chlorhexidine Gluconate (Digluconate) have previously been classified in 2925.20.2000, HTS, which provides for Imines and their derivatives; salts thereof: Drugs. In our opinion the subject products, notwithstanding the fact that they have therapeutic properties, are excluded from classification, for tariff purposes, as drugs since they are not chiefly used as medicines or as ingredients in medicines. Lonza v. U.S., U.S. Court of Appeals for the Federal Circuit, Appeal No. 94-1335. The applicable subheading for Chlorhexidine (Base) and Chlorhexidine Gluconate (Digluconate) will be 2925.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imines and their derivatives; salts thereof: Other: Other. The rate of duty will be 9.9 percent ad valorem. Pursuant to General Note 13 HTSUSA the rate of duty will be free. 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 Stephanie Joseph at 212-637-7066. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division