Ms. Laura Mannisto
120 Route 17 North
P.O. Box 07653-1579
Paramus, NJ 07653-1579
RE: The tariff classification of 4-Nitrocatechol (CAS 3316-09-4) from Austria; Cetirizine HCL (CAS 83881-52-1) from India; and (2-Chloroallyl) Oxalyl Fluoride (CAS 115686-70-9) from Belgium.
Dear Ms. Mannisto:
In your letter dated November 21, 2003, you requested a tariff classification ruling for the above products.
The applicable subheading for 4-Nitrocatechol, which you have stated will be used as a pharmaceutical intermediate, will be 2908.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other halogenated, sulfonated, nitrated or nitrosated derivatives of phenols or phenol-alcohols: other: products described in additional U.S. note 3 to section VI. The rate of duty will be 5.5 percent ad valorem.
The applicable subheading for Cetirizine HCL, which you have stated will be used as an antihistaminic drug, will be 2933.59.2100, Harmonized Tariff Schedule of the United States (HTS), which provides for heterocyclic compounds with nitrogen hetero-atom(s) only: compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: other: drugs: aromatic or modified aromatic: antihistamines, including those pricipally used as anti-nauseants." Pursuant to General Note 13, HTSUS, the rate of duty will be free.
The applicable subheading for (2-Chloroallyl) Oxalyl Fluoride, which you have stated will be used as a pharmaceutical intermediate, will be 2918.30.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxylic acids with aldehyde or ketone functions but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: other. The rate of duty will be 3.7 percent ad valorem.
Cetirizine HCL may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.
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 Andrew Stone at 646-733-3032.
Robert B. Swierupski