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

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

RE: The tariff classification of Brinzolamide (CAS-138890-62-7) and Bimatoprost (CAS-155206-00-1), both imported in bulk form, from India and Taiwan respectively

Dear Ms. Forstenzer:

In your letter dated June 16, 2008, you requested a tariff classification ruling.

The first product, Brinzolamide, is in a class of drugs called carbonic anhydrase inhibitors. It decreases the pressure in the eye. It is indicated in the treatment of elevated intraocular pressure in patients with ocular hypertension or open-angle glaucoma.       The second product, Bimatoprost, is a synthetic prostamide, structurally related to prostaglandin F2α (PGF2α). It is indicated for the treatment of elevated intraocular pressure in chronic, open-angle glaucoma and ocular hypertension. The applicable subheading for the Brinzolamide will be 2935.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Sulfonamides: Other: Drugs: Other." Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for the Bimatoprost will be 2937.50.0000, HTSUS, which provides for "Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, used primarily as hormones: Prostaglandins, thromboxanes and leukotrienes, their derivatives and structural analogues." 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