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

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Fenofibric Acid Choline Salt (CAS-856676-23-8) in bulk form, from India

Dear Mr. Tartaro:

In your letter dated April 1, 2009, you requested a tariff classification ruling.

The subject product, Fenofibric Acid Choline Salt, is currently under clinical development as a combination therapy with rosuvastatin for the management of dyslipidemia.

The applicable subheading for the Fenofibric Acid Choline Salt in bulk form will be 2923.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined: Choline and its salts." 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 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