The tariff classification of Aripiprazole (CAS-129722-12-9) and Azacitidine (CAS-320-67-2) in bulk form, from Italy and Belgium, respectively

N017952 October 12, 2007 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.79.0800; 2934.99.4700 Ms. Robyn Addabbo Interchem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652-1579 RE: The tariff classification of Aripiprazole (CAS-129722-12-9) and Azacitidine (CAS-320-67-2) in bulk form, from Italy and Belgium, respectively Dear Ms. Addabbo: In your letter dated September 21, 2007, you requested a tariff classification ruling. The first product, Aripiprazole, is an antipsychotic medication used for the treatment of schizophrenia. The second product, Azacitidine, is an antineoplastic agent. It is primarily used to treat certain types of bone marrow cancers and blood cell disorders, especially in patients with acute myelocytic leukemia. The applicable subheading for the Aripiprazole in bulk form, will be 2933.79.0800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lactams: Other lactams: Aromatic or modified aromatic: Other: Products described in additional U.S. note 3 to section VI." Pursuant to General Note 13, HTS, the rate of duty will be free. The applicable subheading for the Azacitidine in bulk form, 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. 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