The tariff classification of Rapastinel (CAS No. 117928-94-6) in bulk form, from India

N305863 September 16, 2019 CLA-2-29:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 2933.99.9000 Ms. Freya S. Wilkes Allergan Sales, LLC 2525 Dupont Drive Irvine, CA 92660 RE: The tariff classification of Rapastinel (CAS No. 117928-94-6) in bulk form, from India Dear Ms. Wilkes: In your letter dated August 19, 2019, you requested a tariff classification ruling. Rapastinel is a novel antidepressant that is under development as an adjunctive therapy for the treatment of treatment-resistant major depressive disorder. In your letter, you stated Rapastinel had completed phase II clinical development. The applicable subheading for the Rapastinel in bulk form will be 2933.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Other: Other: Drugs." The rate of duty will be 3.7 percent ad valorem. Currently, Rapastinel is not listed in the Pharmaceutical Appendix to the Tariff Schedule. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Judy Lee at judy.h.lee@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division