The tariff classification of Aprepitant (CAS-170729-80-3), Darifenacin (CAS-133099-04-4), and Eszopiclone (CAS-138729-47-2), imported in bulk form, from Italy and Spain

NY M86964 October 11, 2006 CLA-2-29:RR:NC:2:238 M86964 CATEGORY: Classification TARIFF NO.: 2934.99.3000; 2933.59.4600 Ms. Inge Forstenzer Ren-Pharm International, Ltd. 350 Jericho Turnpike, Suite 204 Jericho, New York 11753 RE: The tariff classification of Aprepitant (CAS-170729-80-3), Darifenacin (CAS-133099-04-4), and Eszopiclone (CAS-138729-47-2), imported in bulk form, from Italy and Spain Dear Ms. Forstenzer: In your letter dated September 25, 2006, you requested a tariff classification ruling. The first product, Aprepitant, is indicated for the prevention of acute and delayed nausea and vomiting caused by cancer chemotherapy treatment. The second product, Darifenacin, is indicated for the treatment of an overactive bladder. The third product, Eszopiclone, is indicated for the treatment of insomnia. The applicable subheading for Aprepitant and Darifenacin, imported in bulk form, will be 2934.99.3000, Harmonized Tariff Schedule of the United States (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: Other.” The rate of duty for Aprepitant, imported in bulk form, will be 6.5 percent ad valorem. Pursuant to General Note 13, HTSUS, the rate of duty for Darifenacin, imported in bulk form, will be free. The applicable subheading for Eszopiclone, imported in bulk form, will be 2933.59.4600, 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: Aromatic or modified aromatic: Antidepressants, tranquilizers and other psychotherapeutic agents. The rate of duty will be 6.5 percent ad valorem. 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/. These products 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