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 Tiletamine Hydrochloride (CAS-14176-49-9) from Germany. Correction to Ruling Number N178060

Dear Mr. Tartaro:

This replaces Ruling Number N178060, dated August 19, 2011, which contained a clerical error. Tiletamine Hydrochloride is not a Schedule III controlled substance but rather a combination of Tiletamine and Zolazepam may be subject to the requirements of the Controlled Substances Act and /or Controlled Substances Import and Export Act, which are administered by the DEA. A complete corrected ruling follows.

In your letter dated July 28, 2011, you requested a tariff classification ruling.

The subject product, Tiletamine Hydrochloride is described as solid, white and nearly odorless. It is a dissociative anesthetic. Tiletamine is usually combined with Zolazepam, a benzodiazepine tranquilizer, and is indicated for use as a veterinary anesthetic.

The applicable subheading for the Tiletamine Hydrochloride will be 2934.99.4700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” 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/.

Tiletamine/Zolazepam (Telazol) combination product 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 at (646) 733-3033.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division