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

Ms. Inga Forstenzer
Ren-Pharm International, Ltd
350 Jericho Turnpike
Suite 204
Jericho, NY 11753

RE: The tariff classification of Azacitidine (CAS-320-67-2), imported in bulk form, from Spain

Dear Ms. Forstenzer:

In your letter dated December 23, 2013, you requested a tariff classification ruling.

The subject product, Azacitidine, is an antineoplastic agent. It is indicated for the treatment of myelodysplastic syndrome (MDS), which are diseases of the bone marrow.

The applicable subheading for the Azacitidine in bulk form 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: 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/. 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 Judy Lee at (646) 733-3033.

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division