The tariff classification of Divalproex Sodium (CAS-76584-70-8) in bulk form, from Switzerland

N022110 January 24, 2008 CLA-2-29:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2915.90.5000 Ms. Andrea Abraham Meeks & Sheppard 1735 Post Road, Suite 4 Fairfield, CT 06824 RE: The tariff classification of Divalproex Sodium (CAS-76584-70-8) in bulk form, from Switzerland Dear Ms. Abraham: In your letter dated January 17, 2008, on behalf of Cilag AG Switzerland, you requested a tariff classification ruling. According to the Physicians’ Desk Reference® (62nd edition, 2008), Divalproex Sodium ("Valproate Semisodium" is INN) is "[a] stable co-ordination compound comprised of sodium valproate and valproic acid in a 1:1 molar relationship and formed during the partial neutralization of valproic acid with 0.5 equivalent of sodium hydroxide." Divalproex Sodium is indicated for use as an anticonvulsant drug. The applicable subheading for the Divalproex Sodium, in bulk form, will be 2915.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other: Other.” Pursuant to General Note 13, HTSUS, 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