The tariff classification of Erlotinib Hydrochloride (CAS-183319-69-9) in bulk form, from Canada

N073345 August 27, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.59.5300 Ms. Caroline Hayes Camida Ltd. TowerHouse New Quay Clonmel Co Tipperary Ireland RE: The tariff classification of Erlotinib Hydrochloride (CAS-183319-69-9) in bulk form, from Canada Dear Ms. Hayes: In your letter dated August 25, 2009, you requested a tariff classification ruling. The subject product, Erlotinib Hydrochloride, is a Human Epidermal Growth Factor Receptor Type 1/Epidermal Growth Factor Receptor (HER1/EGFR) tyrosine kinase inhibitor. It is used in the treatment of non-small cell lung cancer, pancreatic cancer and several other types of cancer. The applicable subheading for the Erlotinib Hydrochloride in bulk form will be 2933.59.5300 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: Other.” Pursuant to GN13, 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