CLA-2-238:OT:RR:E:NC:N2:238

Mr. Colm Moynihan
NorthStar Healthcare Ltd.
3300 Cork Airport Business Park
Kinsale Road, Cork
Ireland

RE: The tariff classification of Zaleplon (CAS-151319-34-5) in dosage form, from India

Dear Mr. Moynihan:

In your letter dated December 1, 2008, you requested a tariff classification ruling.

The subject product, Zaleplon, is a medicinal preparation in capsule form containing Zaleplon, a sedative/ hypnotic, as the active ingredient. It is used in the treatment for short term insomnia.

The applicable subheading for the Zaleplon in dosage form will be 3004.90.9130, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Anticonvulsants, hypnotics and sedatives.” 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 requirements of the Controlled Substances Act, which are enforced by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. You may contact them at 2401 Jefferson Davis Highway, Alexandria, VA 22301, telephone (800) 882-9539.

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