The tariff classification of Sevelamer Hydrochloride (CAS-182683-00-7), imported in bulk form, from India

N011902 June 4, 2007 CLA-2-39:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3911.90.9050 Ms. Inge Forstenzer Ren-Pharm International, Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Sevelamer Hydrochloride (CAS-182683-00-7), imported in bulk form, from India Dear Ms. Forstenzer: In your letter dated May 16, 2007, you requested a tariff classification ruling. The subject product, Sevelamer Hydrochloride, is a polymeric phosphate binder used as an antihyperphosphatemic. It is indicated for the control of serum phosphorous in patients with Chronic Kidney Disease (CKD) on hemodialysis. The applicable subheading for Sevelamer Hydrochloride, imported in bulk form, will be 3911.90.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Petroleum resins, coumarone-indene resins, polyterpenes, polysulfides, polysulfones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: Other: Other: Other: Other: Thermosetting." Pursuant to General Note 13, HTSUS, the rate of duty will be free. 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. 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 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