The tariff classification of Bupivacaine HCL (CAS-14252-80-3) and Linezolid (CAS-165800-03-0) in bulk form, from Spain

N109337 June 21, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.39.4100; 2934.99.3000 Ms. Robyn Addabbo InterChem Corporation 120 Route 17 North P.O. Box 1579 Paramus, NJ 07652-1579 RE: The tariff classification of Bupivacaine HCL (CAS-14252-80-3) and Linezolid (CAS-165800-03-0) in bulk form, from Spain Dear Ms. Addabbo: In your letter dated June 2, 2010, you requested a tariff classification ruling. The first product, Bupivacaine HCL, is indicated for use as a topical anesthetic. The second product, Linezolid, is in a class of antibacterial called oxazolidinones. It is indicated for the treatment of serious infections caused by Gram-positive bacteria that are resistant to several other antibiotics. The applicable subheading for the Bupivacaine HCL in bulk form will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic 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. The applicable subheading for the Linezolid in bulk form will be 2934.99.3000 “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds (con.): Other: Other: Aromatic or modified aromatic: Other: Drugs.” 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