The tariff classification of Ozanimod Hydrochloride (CAS No. 1618636-37-5), Brivaracetam (CAS No. 357336-20-0) and Tofacitinib Citrate (CAS No. 540737-29-9) in bulk form, from Taiwan

N316489 January 12, 2021 CLA-2-29:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 2934.99.3000; 2933.79.8500; 2933.59.5900 Ms. Yaling Lo Pharmaports LLC 1 East Uwchlan Avenue, Suite 116 Exton, PA 19341 RE: The tariff classification of Ozanimod Hydrochloride (CAS No. 1618636-37-5), Brivaracetam (CAS No. 357336-20-0) and Tofacitinib Citrate (CAS No. 540737-29-9) in bulk form, from Taiwan Dear Ms. Lo: In your letter dated December 15, 2020, you requested a tariff classification ruling on behalf of your client, Chunghwa Chemical Synthesis & Biotech Co., Ltd. The first product, Ozanimod Hydrochloride, is an immunomodulatory drug indicated for the treatment of multiple sclerosis and inflammatory bowel disease. The second product, Brivaracetam, is a racetam derivative of levetiracetam used in the treatment of partial-onset seizures. The third product, Tofacitinib Citrate, belongs to a class of drugs called Janus kinase (JAK) inhibitors. It is indicated for the treatment of moderately to severely active rheumatoid arthritis in adults. The applicable subheading for the Ozanimod Hydrochloride in bulk form will be 2934.99.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” The rate of duty will be 6.5 percent ad valorem. Currently, Ozanimod Hydrochloride is not listed in the Pharmaceutical Appendix to the Harmonized Tariff Schedule. The applicable subheading for the Brivaracetam in bulk form will be 2933.79.8500, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Other: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free. The applicable subheading for the Tofacitinib Citrate in bulk form will be 2933.59.5900, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring … or piperazine ring in the structure: 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 the World Wide Web at https://hts.usitc.gov/current. 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 Judy Lee at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division