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 Pregabalin (CAS-148553-50-8) in bulk form, from Spain

Dear Ms. Addabbo:

In your letter dated August 2, 2010, you requested a tariff classification ruling.

The subject product, Pregabalin, is indicated for the management of neuropathic pain associated with diabetic peripheral neuropathy, postherpetic neuralgia, and as adjunctive therapy for adult patients with partial onset seizures.

The applicable subheading for Pregabalin, imported in bulk form, will be 2922.49.4050, Harmonized Tariff Schedule of the United States, which provides for “Amino-acids, other than those containing more than one kind of oxygen function, and their esters, salts thereof: Other: Other: Amino acids: Other.” 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 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 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