CLA-2-29:RR:NC:2:238 L82109

Ms. Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753-1317

RE: The tariff classification of Adapalene (CAS-106685-40-9) and Tolterodine Tartrate (CAS-124937-52-6), imported in bulk form, from Italy and Spain, respectively

Dear Ms. Forstenzer:

In your letter dated January 5, 2005, you requested a tariff classification ruling.

The first product, Adapalene, is indicated for the topical treatment of acne vulgaris.

The second product, Tolteridine Tartrate, is indicated for the relief of urinary difficulties, including frequent urination and inability to control urination.

The applicable subheading for Adapalene, imported in bulk form, will be 2918.90.3000, Harmonized Tariff of the United States (HTS), which provides for “Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Tolteridine Tartrate, imported in bulk form, will be 2922.29.2700, HTS, which provides for “Oxygen-function amino-compounds: Amino-naphthols and other amino-phenols, their ethers and esters, other than those containing more than one kind of oxygen function; salts thereof: Other: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

This merchandise 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 1-888-443-6332.

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.


Robert B. Swierupski
National Commodity
Specialist Division