The tariff classification of Esomeprazole Magnesium Dihydrate (CAS-217087-10-0) in bulk form, from Spain

N081739 October 30, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.39.4100 Ms. Robyn Addabbo InterChem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652 RE: The tariff classification of Esomeprazole Magnesium Dihydrate (CAS-217087-10-0) in bulk form, from Spain Dear Ms. Addabbo: In your letter dated October 21, 2009, you requested a tariff classification ruling. The subject product, Esomeprazole Magnesium Dihydrate, is a proton pump inhibitor that inhibits gastric acid secretion. It is indicated for the treatment of Gastroesophageal Reflux Disease (GERD) and for the healing of erosive esophagitis. The applicable subheading for the Esomeprazole Magnesium Dihydrate in bulk form will be 2933.39.4100 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: 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