Ms. Laura Mannisto
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579
RE: The tariff classification of Calcipotriene (CAS-112965-21-6), Dronabinol (CAS-1972-08-3), and Meprobamate (CAS-57-53-4), imported in bulk form, from Italy, Belgium, and Italy, respectively
Dear Ms. Mannisto:
In your letter dated September 16, 2005, you requested a tariff classification ruling.
The first product, Calcipotriene, is described in a monograph appearing in the 2005 Physicians Desk Reference® as a “synthetic analog of vitamin D3.” Calcipotriene is indicated for use in the treatment of psoriasis. For the record, we are unable to find any evidence in the scientific literature indicating that Calcipotriene is used as a vitamin. According to the 2005 edition of the USP Dictionary of USAN and International Drug Names, the International Nonproprietary Name (INN) for Calcipotriene is Calcipotriol (CAS-112828-00-9), which is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule.
The second product, Dronabinol, is synthetic delta-9-tetrahydrocannabinol (delta-9-THC). Delta-9-tetrahydrocannabinol is also a naturally occurring component of Cannabis sativa L. (Marijuana). Dronabinol is indicated for use as an appetite stimulant, for the treatment of anorexia associated with weight loss in patients with AIDS, and as an antiemetic, for the treatment of nausea and vomiting associated with cancer chemotherapy.
The third product, Meprobamate, is a sedative-hypnotic drug indicated for the treatment of anxiety.
The applicable subheading for Calcipotriene, imported in bulk form, will be 2906.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Cyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Cyclanic, cyclenic or cycloterpenic: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.
The applicable subheading for Dronabinol, imported in bulk form, will be 2932.95.0000, HTS, which provides for “Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Tetrahydrocannabinols (all isomers).” The rate of duty will be free.
The applicable subheading for Meprobamate, imported in bulk form, will be 2924.11.0000, HTS, which provides for “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Acyclic amides (including acyclic carbamates) and their derivatives; salts thereof: Meprobamate (INN).” 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 are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.
In addition, Dronabinol and Meprobamate 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 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