CLA-2-29:OT:RR:NC:N1:138

Ms. Sheila Heerdt
Ren Pharm International Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753

RE: The tariff classification of Dactinomycin (CAS number 50-76-0) in bulk powder form, from Italy

Dear Ms. Heerdt:

In your letter dated November 21, 2017, you requested a tariff classification ruling.

Dactinomycin is also known as Actinomycin-D and belongs to a group of cytotoxic antibiotics produced from the bacteria Streptomyces parvullus. Dactinomycin works by blocking the creation of RNA. It is indicated for the treatment of various type of cancers including Wilm’s tumor, rhabdomyosarcoma, Ewing's sarcoma, trophoblastic neoplasm, testicular cancer, and certain types of ovarian cancer. In a follow-up email to this office, you indicated Dactinomycin is produced from micro-organisms produced by fermentation.

The applicable subheading for the Dactinomycin in bulk powder form will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Antibiotics: Other: Natural: Other.” 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 https://hts.usitc.gov/current.

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 Judy Lee at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division