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NY N006197




February 22, 2007

CLA-2-30:RR:E:NC:2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9120; 3004.90.9130

Mr. Colm Moynihan
NorthStar Healthcare Limited
3300 Cork Airport Business Park
Cork, Ireland

RE: The tariff classification of Captopril Tablets, Enalapril Maleate Tablets, Clonazepam Tablets and Diazepam Tablets from India

Dear Mr. Moynihan:

In your letter dated January 31, 2007, you requested a tariff classification ruling.

The first two products, Captopril Tablets and Enalapril Maleate Tablets, are medicinal preparations containing Captopril and Enalapril Maleate, both angiotensin converting enzyme (ACE) inhibitors used in the treatment of hypertension, as the active ingredients.

The third product, Clonazepam Tablets, is a medicinal preparation containing Clonazepam, an anticonvulsant drug used for the control of seizures in certain nervous system disorders, as the active ingredient.

The fourth product, Diazepam Tablets, is a medicinal preparation containing Diazepam, a sedative-hypnotic drug used in the management of anxiety disorders, as the active ingredient.

The applicable subheading for the Captopril and Enalapril Maleate Tablets will be 3004.90.9120, which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Cardiovascular medicaments.” The rate of duty will be free.

The applicable subheading for the Clonazepam and Diazepam Tablets will be 3004.90.9130, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Anticonvulsants, hypnotics and sedatives.” 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/.

Clonazepam and Diazepam may 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.

Captopril and Enalapril Maleate 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,

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