The tariff classification of Piracetam (CAS-7491-74-9), Oxiracetam (CAS-62163-82-5), Pramiracetam (CAS-68497-62-1) and Aniracetam (CAS-72432-10-1) in bulk forms, from China

N241495 June 7, 2013 CLA-2-29:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2933.79.0800; 2933.79.8500 Ms. Shasta L. Fox Bishy & Bishy LLC P.O. Box 26148 Tucson, AZ 85726 RE: The tariff classification of Piracetam (CAS-7491-74-9), Oxiracetam (CAS-62163-82-5), Pramiracetam (CAS-68497-62-1) and Aniracetam (CAS-72432-10-1) in bulk forms, from China Dear Ms. Fox: In your letter dated May 1, 2013, you requested a tariff classification ruling. The first product, Piracetam, is a derivative of the neurotransmitter gamma-aminobutyric acid (GABA). It is a cognition adjuvant and a nootropic agent of the racetam family which is a class of drugs used to enhance brain function. The second product, Oxiracetam, is also a nootropic drug of the racetam family. It is purported to improve memory and prevents impairment of cognitive functions. The third product, Pramiracetam, is a nootropic drug derived from piracetam. The last product, Aniracetam, is an ampakine nootropic of the racetam chemical class purported to be considerably more potent than piracetam. The applicable subheading for the Piracetam, Oxiracetam and Pramiracetam in bulk form will be 2933.79.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other Lactams: Other: Other.” Pursuant to GN 13, HTSUS, the rate of duty will be free. The applicable subheading for the Aniracetam in bulk form will be 2933.79.0800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Aromatic or modified aromatic: Other: Products described in additional U.S. note 3 to section VI.” Pursuant to GN 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/. In your letter, you stated that these products will be imported for research purposes only and not for consumption. You also inquired about FDA regulations pertaining to these products. We suggest that you contact the FDA directly since it 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 Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division