The tariff classification of Divalproex Sodium (CAS-76584-70-8) and Mephentermine Sulfate [CAS-1212-72-2; CAS-6190-60-9 (dihydrate)] , imported in bulk for, from Italy and Spain, respectively

NY K84881 April 2, 2004 CLA-2-29:RR:NC:2:238 K84881 CATEGORY: Classification TARIFF NO.: 2942.00.5000; 2921.49.4300 Ms. Inge Forstenzer Ren-Pharm International, Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753-1317 RE: The tariff classification of Divalproex Sodium (CAS-76584-70-8) and Mephentermine Sulfate [CAS-1212-72-2; CAS-6190-60-9 (dihydrate)] , imported in bulk for, from Italy and Spain, respectively Dear Ms. Forstenzer: In your letter dated March 26, 2004, you requested a tariff classification ruling. According to the Physicians’ Desk Reference® (57th edition, 2003), Divalproex Sodium (“Valproate Semisodium” is INN) is “[a] stable co-ordination compound comprised of sodium valproate and valproic acid in a 1:1 molar relationship and formed during the partial neutralization of valproic acid with 0.5 equivalent of sodium hydroxide.” Divalproex Sodium is indicated for use as an anticonvulsant drug. The second product, Mephentermine Sulfate, is indicated for use as an antihypotensive drug. It is also applied topically to the nasal mucosa for use as a decongestant. The applicable subheading for Divalproex Sodium, imported in bulk form, will be 2942.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other organic compounds: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free. The applicable subheading for Mephentermine Sulfate, imported in bulk form, will be 2921.49.4300, HTS. Pursuant to General Note 13, HTS, which provides for “Aromatic monoamines and their derivatives; salts thereof: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTS, 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 1-888-443-6332. 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