CLA-2-29:RR:NC:2:238

Ms. Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753

RE: The tariff classification of Fluvastatin Sodium (CAS-93957-55-2) and Phenyltoloxamine Citrate (CAS-1176-08-5) from India and Italy, respectively

Dear Ms. Forstenzer:

In your letter dated April 9, 2007, you requested a tariff classification ruling.

The first product, Fluvastatin Sodium [International Nonproprietary Name (INN): Fluvastatin (CAS-93957-54-1)] belongs to the class of drugs known as “statins,” and is indicated for the treatment of hyperlipidemia.

According to Dorland’s Illustrated Medical Dictionary, 28th edition, the second product, Phenyltoloxamine Citrate, is used as an (orally administered) antihistamine, mainly to decongest the nasal mucosa. We also note its characterization as "a non-barbiturate sedative" in the 2000 edition of the Physicians’ Desk Reference®.

With respect to your request for a tariff classification ruling on Paliperidone, our records indicate that this product was the subject of NY Ruling Letter N006862, which was issued to your firm on March 1, 2007.

The applicable subheading for Fluvastatin Sodium, imported in bulk form, will be 2933.99.5300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Cardiovascular drugs: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Phenyltoloxamine Citrate, imported in bulk form, will be 2922.19.0900, HTSUS, which provides for Oxygen-function amino-compounds: Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other: Aromatic: Drugs.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

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.

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 Harvey Kuperstein at 646-733-3033.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division