The tariff classification of Levocetirizine Dihydrochloride (CAS-130018-87-0) and Clozapine (CAS-5786-21-0), both imported in bulk form, from Italy and Spain respectively

N028996 May 29, 2008 CLA-2-29:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2933.59.2100; 2933.59.4600 Ms. Inge Forstenzer Ren-Pharm International Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Levocetirizine Dihydrochloride (CAS-130018-87-0) and Clozapine (CAS-5786-21-0), both imported in bulk form, from Italy and Spain respectively Dear Ms. Forstenzer: In your letter dated May 15, 2008, you requested a tariff classification ruling. The first product, Levocetirizine Dihydrochloride, is an orally active histamine H1-receptor antagonist. It is indicated for the relief of symptoms associated with seasonal and perennial allergic rhinitis and uncomplicated skin manifestations of chronic idiopathic urticaria (hives). The second product, Clozapine, is an atypical antipsychotic used principally in treating treatment-resistant schizophrenia (a term generally used for the failure of symptoms to respond satisfactorily to at least two different antipsychotics). The applicable subheading for the Levocetirizine Dihydrochloride will be 2933.59.2100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Antihistamines, including those principally used as anti-nauseants." Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for the Clozapine will be 2933.59.4600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Drugs: Aromatic or modified aromatic: Antidepressants, tranquilizers and other psychotherapeutic agents." 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