The tariff classification of Febuxostat (CAS-144060-53-7), Iloperidone (CAS-133454-47-4) and Retapamulin (CAS-224452-66-8) in bulk form, from Italy, Spain and Taiwan, respectively

N072122 August 20, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2934.10.1000; 2934.99.3000; 2941.90.5000 Ms. Inge Forstenzer Ren-Pharm International, Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Febuxostat (CAS-144060-53-7), Iloperidone (CAS-133454-47-4) and Retapamulin (CAS-224452-66-8) in bulk form, from Italy, Spain and Taiwan, respectively Dear Ms. Forstenzer: In your letter dated August 10, 2009, you requested a tariff classification ruling. The first product, Febuxostat, is an inhibitor of xanthine oxidase that is indicated for the treatment of hyperuricemia and gout. The second product, Iloperidone, is an atypical antipsychotic indicated for the treatment of schizophrenia. The last product, Retapamulin, is a topical antibiotic indicated for the treatment of bacterial skin infections such as impetigo due to Staphylococcus aureus (methicillin-susceptible only) or Streptococcus pyogenes. The applicable subheading for the Febuxostat in bulk form will be 2934.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “which provides for Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure: Aromatic or modified aromatic: Products described in additional U.S. note 3 to section VI.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for the Iloperidone 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. The applicable subheading for the Retapamulin in bulk form will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antibiotics: Other: Other: Other.” 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