The tariff classification of Nepafenac (CAS-78281-72-8); Posaconazole (CAS-171228-49-2) and Bromfenac Sodium (CAS-91714-93-1) in bulk powder form, from Italy

N059102 May 15, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2924.29.6250; 2934.99.3000; 2922.50.2500 Ms. Inge Forstenzer Ren-Pharm International Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Nepafenac (CAS-78281-72-8); Posaconazole (CAS-171228-49-2) and Bromfenac Sodium (CAS-91714-93-1) in bulk powder form, from Italy Dear Ms. Forstenzer: In your letter dated April 22, 2009, you requested a tariff classification ruling. The first product, Nepafenac, is a non-steroidal anti-inflammatory drug (NSAID), for ophthalmic use. It is indicated to treat pain and inflammation associated with cataract surgery. The second product, Posaconazole, is a triazole antifungal drug. It is used to treat invasive infections by Candida species and Aspergillus species in severely immunocompromised patients. The last product, Bromfenac Sodium, is a sterile, topical, non-steroidal anti-inflammatory drug (NSAID) for ophthalmic use. It is indicated for the treatment of postoperative inflammation and the reduction of ocular pain in patients who have undergone cataract extraction. The applicable subheading for the Nepafenac in bulk form will be 2924.29.6250, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for the Posaconazole in bulk form will be 2934.99.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds (con.): Other: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for the Bromfenac Sodium in bulk form will be 2922.50.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Oxygen-function amino-compounds: Amino-alcohol-phenols, amino-acid-phenols and other amino compounds with oxygen function: Aromatic: Other: Drugs: Other: Other.” 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