The tariff classification of Ferric Derisomaltose (CAS No. 1345510-43-1) in bulk powder form, from China

N335344 September 29, 2023 CLA-2-29:OT:RR:NC:N:138 CATEGORY: Classification TARIFF NO.: 2940.00.6000; 9903.88.03 Kenn Leifheit Flavine North America 61 S Paramus Rd, Suite 565 Paramus, NJ 07657 RE:  The tariff classification of Ferric Derisomaltose (CAS No. 1345510-43-1) in bulk powder form, from China Dear Mr. Leifheit: In your letter dated September 15, 2023, you requested a tariff classification ruling. Ferric Derisomaltose is a complex made of iron (III) hydroxide and derisomaltose, which is an iron carbohydrate oligosaccharide.  It is indicated for the treatment of iron deficiency anemia in adult patients and for patients with non-hemodialysis dependent chronic kidney disease. The applicable subheading for the Ferric Derisomaltose in bulk powder form will be 2940.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their salts, other than products of heading 2937, 2938 or 2939: Other.” The general rate of duty will be 5.8 percent ad valroem.  Curently, Ferric Derisomaltose is not listed in the Pharmaceutical Appendix to the Tariff Schedule. 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 at https://hts.usitc.gov/current. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 2940.00.6000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2940.00.6000, HTSUS, listed above. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Judy Lee at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division