The tariff classification of Nitrofurantoin Macrocrystals (CAS-67-20-9), Nitrofurantoin Monohydrate (CAS-17140-81-7) and Tolmetin Sodium Dihydrate (CAS-64490-92-9) in bulk form, from India

N033870 July 28, 2008 CLA-2-29:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2934.99.4700; 2933.99.5520 Ms. Wendy Zamor Matrix Laboratories Inc. 76 South Orange Ave., Suite 301 South Orange, NJ 07079 RE: The tariff classification of Nitrofurantoin Macrocrystals (CAS-67-20-9), Nitrofurantoin Monohydrate (CAS-17140-81-7) and Tolmetin Sodium Dihydrate (CAS-64490-92-9) in bulk form, from India Dear Ms. Zamor: In your letter dated July 22, 2008, you requested a tariff classification ruling. The first two products, Nitrofurantoin Macrocrystals and Nitrofurantoin Monohydrate are antiseptic agents. They are indicated for the treatment of acute uncomplicated urinary tract infections (acute cystitis) caused by susceptible strains of Escherichia coli or Staphylococcus saprophyticus. The third product, Tolmetin Sodium Dihydrate, is a nonselective nonsteroidal anti- inflammatory agent. It is used primarily to reduce pain, swelling, tenderness, and stiffness in patients diagnosed with osteoarthritis, rheumatoid arthritis, or juvenile rheumatoid arthritis. The applicable subheading for the Nitrofurantoin Macrocrystals and Nitrofurantoin Monohydrate 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, HTSUS, the rate of duty will be free. Tolmetin Sodium Dihydrate is specifically provided for by eo nomine under the applicable subheading 2933.99.5520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Drugs primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: Tolmetin sodium dihydrate.” Pursuant to General Note 13, HTSUS, 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