The tariff classification of Carbamazapine (CAS-298-46-4), Prilocaine (CAS-721-50-6), Pramoxine Hydrochloride (CAS-637-58-1), and Fulvestrant (CAS-129453-61-8) from Brazil and Italy

NY M83425 May 15, 2006 CLA-2-29:RR:NC:2:238 M83425 CATEGORY: Classification TARIFF NO.: 2933.99.6500; 2924.29.6250; 2934.99.3000; 2937.23.5010 Ms. Inge Forstenzer Ren-Pharm International, Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Carbamazapine (CAS-298-46-4), Prilocaine (CAS-721-50-6), Pramoxine Hydrochloride (CAS-637-58-1), and Fulvestrant (CAS-129453-61-8) from Brazil and Italy Dear Ms. Forstenzer: In your letter dated May 1, 2006, you requested a tariff classification ruling. The first product, Carbamazepine, is an anticonvulsant drug indicated for use in the treatment of epilepsy. It is also specifically indicated for use as an analgesic drug for the treatment of the pain associated with true trigeminal neuralgia. The second product, Prilocaine, is indicated for use as a local anesthetic. The third product, Pramoxine Hydrochloride, is indicated for use as a topical anesthetic. The fourth product, Fulvestrant, is an estrogen receptor antagonist (antihormone) indicated for the treatment of metastatic breast cancer. Pursuant to Rule 6 of the General Rules of Interpretation, HTSUS, the applicable subheading for Carbamazapine, imported in bulk form, will be 2933.99.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Drugs primarily affecting the central nervous system: Anticonvulsants, hypnotics and sedatives.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for Prilocaine, imported in bulk form, will be 2924.29.6250, 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 General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for Pramoxine Hydrochloride, imported in bulk form, will be 2934.99.3000, HTSUS, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. Pursuant to note 8(a) to chapter 29, HTSUS, the applicable subheading for Fulvestrant, imported in bulk form, will be 2937.23.5010, HTSUS, which provides for “Steroidal hormones, their derivatives and structural analogues: Estrogens and progestins: Other: Other: Estrogens.” 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