The tariff classification of Arformoterol Tartrate (CAS-200815-49-2) and Desloratadine (CAS-100643-71-8) in bulk powder form, from Spain

N089497 January 12, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2924.29.6250; 2933.39.4100 Ms. Inge Forstenzer Ren-Pharm International, Ltd. 350 Jericho Turnpike, Suite 204 Jericho, NY 11753-1317 RE: The tariff classification of Arformoterol Tartrate (CAS-200815-49-2) and Desloratadine (CAS-100643-71-8) in bulk powder form, from Spain Dear Ms. Forstenzer: In your letter dated December 23, 2009, you requested a tariff classification ruling. The first product, Arformoterol Tartrate, is a selective beta2-adrenergic bronchodilator. It is indicated for the long term maintenance treatment of bronchoconstriction in patients with chronic obstructive pulmonary disease (COPD), including chronic bronchitis and emphysema. The second product, Desloratadine, is a tricyclic antihistamine, which has a selective and peripheral H1-antagonist action. It is indicated for the relief of seasonal allergy symptoms and allergic nasal conditions (rhinitis) such as runny nose, sneezing, and itching eyes. It can also be used to treat hives. The applicable subheading for Arformoterol Tartrate, imported in bulk form, will be 2924.29.6250, Harmonized Tariff Schedule of the United States (HTS), which provides for “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for Desloratadine, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hetrocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: 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