The tariff classification of Alcaftadine (CAS-147084-10-4) in bulk form, from Switzerland

N136056 December 28, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.39.4100 Ms. Iliana G. Fuller Allergan Sales, LLC 2525 Dupont Drive Irvine, CA 92612 RE: The tariff classification of Alcaftadine (CAS-147084-10-4) in bulk form, from Switzerland Dear Ms. Fuller: In your letter dated December 2, 2010, you requested a tariff classification ruling. The subject product, Alcaftadine, is a histamine H1 receptor antagonist and mast cell stabilizer. Per your letter, it will be used in the manufacture of LASTACAFT™ (Alcaftadine Ophthalmic Solution) 0.25% for quality assurance and research testing. Alcaftadine Ophthalmic Solution is indicated for the prevention of itching in patients with allergic conjunctivitis. The applicable subheading for the Alcaftadine 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.” The rate of duty will be 6.5 percent ad valorem. 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