The tariff classification of Ziconotide (CAS# 107452-89-1) in bulk form, from China

N023490 February 25, 2008 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2934.99.3000 Ms. Inge Forstenzer Ren-Pharm International Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Ziconotide (CAS# 107452-89-1) in bulk form, from China Dear Ms. Forstenzer: In your letter dated February 11, 2008, you requested a tariff classification ruling. Ziconotide is a synthetic equivalent of a naturally occurring conopeptide. Ziconotide was developed as a non-opioid, non-NSAID, non-local analgesic used for the amelioration of chronic pain. It is indicated for the management of severe chronic pain in patients for whom intrathecal (IT) (within the spinal canal) therapy is warranted, and who are intolerant of or refractory to other treatment, such as systemic analgesics, adjunctive therapies, or IT morphine. The applicable subheading for the Ziconotide in bulk form, will be 2934.99.3000, 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: Aromatic or modified aromatic: 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