The tariff classification of Meloxicam (CAS-71125-38-7), imported in bulk form, from India; 1-Methyl-4-chloropiperidine (CAS-5570-77-4) from France; and Cytarabine (CAS-147-94-4), imported in bulk form, from China

NY I88244 November 19, 2002 CLA-2-29:RR:NC:2:238 I88244 CATEGORY: Classification TARIFF NO.: 2934.10.1000; 2933.39.9100; 2934.99.4700 Ms. Laura Mannisto Interchem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07653-1579 RE: The tariff classification of Meloxicam (CAS-71125-38-7), imported in bulk form, from India; 1-Methyl-4-chloropiperidine (CAS-5570-77-4) from France; and Cytarabine (CAS-147-94-4), imported in bulk form, from China Dear Ms. Mannisto: In your letter dated November 1, 2002, you requested a tariff classification ruling. The first product, Meloxicam, is a nonsteroidal anti-inflammatory drug indicated for the treatment of osteoarthritis. The second product, 1-Methyl-4-chloropiperidine, is, according to your letter, intended for use as an “Intermediate.” According to Goodman & Gilman’s The Pharmacological Basis of Therapeutics (Tenth Edition), the third product, Cytarabine, is a synthetic analog of 2’-deoxycytidine, belonging to the class of chemotherapeutic agents known as antimetabolites. It is used in the treatment of acute granulocytic and acute lymphocytic leukemias. The applicable subheading for Meloxicam, imported in bulk form, will be 2934.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure: Aromatic or modified aromatic: Products described in additional U.S. note 3 to section VI.” Pursuant to General Note 13, HTS, the rate of duty will be free.  The applicable subheading for 1-Methyl-4-chloropiperidine will be 2933.39.9100, HTS, 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: Other: Other.” Pursuant to Section VI, Additional U.S. Note 3, HTS, the rate of duty will be 0.7 cents per kilogram plus 8.4 percent ad valorem. The applicable subheading for Cytarabine, imported in bulk form, will be 2934.99.4700, HTS, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free. Meloxicam and Cytarabine may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. 1-Methyl-4-chloropiperidine may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, DC, 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669. 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