The tariff classification of Temsirolimus (CAS-162635-04-3), in bulk form, from Italy

N036295 August 28, 2008 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2941.90.5000 Ms. Robyn Addabbo InterChem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652-1579 RE: The tariff classification of Temsirolimus (CAS-162635-04-3), in bulk form, from Italy Dear Ms. Addabbo: In your letter dated August 13, 2008, you requested a tariff classification ruling. The subject product, Temsirolimus, is a soluble ester of Sirolimus, a natural macrolide antibiotic with antifungal, immunosuppressive, and antitumor properties. It is an antineoplastic drug indicated for the treatment of renal cell carcinoma (RCC). The applicable subheading for the Temsirolimus in bulk form will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antibiotics: Other: Other: Other.” 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