CLA-2-29:OT:RR:NC:2:235
Mr. Eric R. Rock
Katten Muchin Rosenman LLP
525 W. Monroe Street
Chicago, IL 60661-3693
RE: The tariff classification of Kleptose® HBP from France
Dear Mr. Rock:
In your letter dated November 12, 2010, you requested a tariff classification ruling on behalf of Astellas Pharma US, Inc.
The subject product, Kleptose® HPB (CAS # 128446-35-5) is a 2-Hydxoypropyl ether derivative of beta-cylcodextrin. It is used primarily as a pharmaceutical excipient and an organic molecule sequestrant.
The applicable subheading for Kleptose® HPB will be 2940.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their salts, other than products of heading 2937, 2938 or 2939: Other." The rate of duty will be 5.8 percent ad valorem.
Your letter also requests a clarification on the eligibility of Kleptose® HPB for duty free treatment under the Pharmaceutical Appendix of General Note 13, HTSUS. Based on Customs and Border Protection Laboratory review, Kleptose® HPB is not listed in the Pharmaceutical Appendix of the HTSUS. It is not identical or synonymous as you suggest to Betadex which is listed in Table 1 of the appendix. Therefore, Kleptose® HPB is not eligible for duty free treatment under General Note 13, HTSUS.
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 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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division