The tariff classification of Gefitinib (CAS-184475-35-2), in bulk form, from England

N031895 July 3, 2008 CLA-2-29:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2934.99.3000 Mr. Joseph J. Chivini Austin Chemical Company, Inc.1565 Barclay Boulevard Buffalo Grove, Illinois 60089 RE: The tariff classification of Gefitinib (CAS-184475-35-2), in bulk form, from England Dear Mr. Chivini: In your letter dated June 17, 2008 you requested a tariff classification ruling. The subject product, Gefitinib, is indicated as monotherapy for the continued treatment of patients with locally advanced or metastatic non-small cell lung cancer after failure of both platinum-based and docetaxel chemotherapies. This drug is limited to those who are benefiting or have benefited from Gefitinib. The applicable subheading for the Gefitinib 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, HTS, 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