CLA-2-30:OT:RR:NC:N2:238
Mr. Rick Van Arnam
Barnes, Richardson & Colburn
475 Park Avenue
New York, NY 10016
RE: The tariff classification of Savella™ in dosage form and Milnacipran Hydrochloride (CAS-101152-94-7) in bulk form, from Ireland
Dear Mr. Van Arnam:
In your letter dated November 5, 2009, you requested a tariff classification ruling.
The subject product, Savella™, is also known as Milnacipran Hydrochloride (CAS-101152-94-7), a psychoactive drug which functions as a serotonin-norepinephrine reuptake inhibitor (SNRI). It is used for the treatment of clinical depression as an antidepressant and for the treatment of chronic pain, especially fibromyalgia. Per your letter, Savella™ will be imported in tablet form in dosages of 12.5, 25, 50 and 100mg and Milnacipran Hydrochloride will be imported in bulk form.
The applicable subheading for the Savella™ in dosage form will be 3004.90.9135, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents.” The rate of duty will be free.
The applicable subheading for the Milnacipran Hydrochloride in bulk form will be 2924.29.6250, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other.” Pursuant to GN13, 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 Harvey Kuperstein at (646) 733-3033.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division