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

N062777 June 5, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2923.10.0000 Ms. Robyn Addabbo Interchem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652 RE: The tariff classification of Choline Fenofibrate (CAS-856676-23-8) in bulk from Spain Dear Ms. Addabbo: In your letter dated May 26, 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. It is also in phase II clinical trials for treating patients with Diabetic Macular Edema. 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