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NY M80801

February 8, 2006

CLA-2-:RR:NC:2:238 M80801


TARIFF NO.: 2933.39.4100; 2933.91.0000

Ms. Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753

RE: The tariff classification of Bupivacaine Hydrochloride (CAS-14252-80-3), Chlordiazepoxide (CAS-58-25-3) and Flurazepam Hydrochloride (CAS-1172-18-5), all imported in bulk form, from Brazil

Dear Ms. Forstenzer:

In your letter dated January 27, 2006, you requested a tariff classification ruling.

The first product, Bupivacaine Hydrochloride, is indicated for use as a topical anesthetic.

The second product, Chlordiazepoxide, is indicated for the management of anxiety disorders or for the short-term relief of symptoms of anxiety, withdrawal symptoms of acute alcoholism, and preoperative apprehension and anxiety.

The third product, Flurazepam Hydrochloride, is a hypnotic agent indicated for the treatment of insomnia.

The applicable subheading for Bupivacaine Hydrochloride, imported 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 Chlordiazepoxide and Flurazepam Hydrochloride, imported in bulk form, will be 2933.91.0000, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Alprazolam (INN), , chlordiazepoxide (INN), , flurazepam (INN), , tetrazepam (INN) and triazolam (INN); salts thereof.” 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 requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

Chlordiazepoxide and Flurazepam Hydrochloride may also be subject to the requirements of the Controlled Substances Act, which are enforced by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. You may contact them at 2401 Jefferson Davis Highway, Alexandria, VA 22301, telephone (800) 882-9539.

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.


Robert B. Swierupski

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