The tariff classification of Lapatinib Ditosylate (CAS-388082-78-8), in bulk form, from the Netherlands

N036297 August 28, 2008 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2934.99.3000 Mr. Michael DiPierro Austin Chemical Company, Inc. 1565 Barclay Boulevard Buffalo Grove, IL 60089 RE: The tariff classification of Lapatinib Ditosylate (CAS-388082-78-8), in bulk form, from the Netherlands Dear Mr. DiPierro: In your letter dated August 12, 2008, you requested a tariff classification ruling. The subject product, Lapatinib Ditosylate, is an antineoplastic drug indicated for use in patients with advanced metastatic breast cancer. The applicable subheading for the Lapatinib Ditosylate 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." The rate of duty will be 6.5 percent ad valorem. At the present time, the suffix “ditosylate” is not listed in Table 2 of the Pharmaceutical Appendix to the Tariff Schedule. General Note 13, HTS. 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