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

Ms. Robin Addabbo
InterChem Corporation
120 Route 170 North
P.O. Box 1579
Paramus, NJ 17652-1579

RE: The tariff classification of Entecavir (CAS-142217-69-4), in bulk form, from India

Dear Ms. Addabbo:

In your letter dated January 5, 2010, you requested a tariff classification ruling.

Entecavir (sold under the trade name Baraclude®) is a nucleoside analogue drug that has selective anti-hepatitis B virus (HBV) activity. Entecavir, an orally administered drug, is indicated for the treatment of chronic hepatitis B infection in adults with active viral replication and who show elevations in ALT or AST (aminotransferases) or histologically active disease (fibrosis or cirrhosis).

The applicable subheading for the Entecavir, imported in bulk form, will be 2933.59.5900, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other." Pursuant to General Note 13, 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