Ms. Robyn Addabbo
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07652-1579
RE: The tariff classification of Pantoprazole Sodium (CAS-164579-32-2), in bulk form, from Mexico
Dear Ms. Addabbo:
In your letter dated March 13, 2009, you requested a tariff classification ruling.
Pantoprazole Sodium is a proton pump inhibitor drug that suppresses the production of gastric acid and is indicated for the treatment of various acid-related gastrointestinal diseases such as acute erosive esophagitis. We note that the monograph in the 2007 edition of the USP Dictionary of USAN and International Drug Names shows the following chemical names and CAS number for Pantoprazole Sodium: (1) 1H-Benzimidazole, 5-(difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridinyl)methyl]sulfinyl]-, sodium salt, hydrate (2:3); (2) 5-(Difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridyl)methyl]sulfinyl]benzimidazole, sodium salt, sesquihydrate. CAS-164579-32-2.
The applicable subheading for Pantoprazole Sodium imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTS, 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 Harvey Kuperstein at (646) 733-3033.
Robert B. Swierupski
National Commodity Specialist Division