The tariff classification of Choline Fenofibrate (CAS-856676-23-8) in bulk form, from Italy

N051925 February 20, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2923.10.0000 Ms. Inge Forstenzer Ren-Pharm International Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753 RE: The tariff classification of Choline Fenofibrate (CAS-856676-23-8) in bulk form, from Italy Dear Ms. Forstenzer: In your letter dated February 10, 2009, you requested a tariff classification ruling. The subject product, Choline Fenofibrate, is a next generation fenofibrate for lipid management. It is currently in clinical development for treating patients with unhealthy lipid levels, including LDL cholesterol, triglycerides, and HDL cholesterol. The applicable subheading for the Choline Fenofibrate in bulk form will be 2923.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined: Choline and its salts.” 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