CLA-2-29:OT:RR:NC:N2:238

Ms. Robyn Addabbo
InterChem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07652-1579

RE: The tariff classification of Ergotamine Tartrate (CAS-379-79-3) in bulk form, from Italy

Dear Ms. Addabbo:

In your letter dated May 26, 2010, you requested a tariff classification ruling.

The subject product, Ergotamine Tartrate, is an analgesic. It is used in conjunction with caffeine for the prevention and treatment of vascular headaches.

The applicable subheading for Ergotamine Tartrate in bulk form will be 2939.62.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters, and other derivatives: Alkaloids of rye ergot and their derivatives; salts thereof: Ergotamine and its salts.” 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/.

Ergotamine is subject to the requirements under List I Regulated Chemicals, which is 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 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