The tariff classification of 3-Bromo-5-cyclobutylisonicotinonitrile and Decitabine (CAS-2353-33-5) from India and Italy

N245023 August 27, 2013 CLA-2-29:OT:RR:NC:N2:239 CATEGORY: Classification TARIFF NO.: 2933.39.9100, 2934.99.4700 Ms. Robyn Brunciak Interchem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652 RE: The tariff classification of 3-Bromo-5-cyclobutylisonicotinonitrile and Decitabine (CAS-2353-33-5) from India and Italy Dear Ms. Brunciak: In your letter dated August 12, 2013, you requested a tariff classification ruling. The first product, 3-Bromo-5-cyclobutylisonicotinonitrile is a nitrogen only heterocyclic compound containing an unfused pyridine ring. It is indicated for use as a chemical intermediate. The second product, Decitabine is an antineoplastic drug. It is indicated for the treatment of myelodysplastic syndromes (MDS). The applicable subheading for the 3-Bromo-5-cyclobutylisonicotinonitrile in bulk formwill be 2933.39.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Heterocyclic compounds with nitrogen hetero-atoms(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Other: Other. The rate of duty will be 6.5 percent ad valorem. The applicable subheading for the Decitabine in bulk form will be 2934.99.4700, 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: Other: Drugs.” 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 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 Ekeng Manczuk at (646) 733-3032. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division