HQ 0084256 - Classification of Alprazolam - United States International Trade Commision Rulings

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HQ 084256

July 19, 1989

CLA-2 CO:R:C:G 084256 SS; 838805 NY

CATEGORY: CLASSIFICATION

TARIFF NO. : 2933.90.3300

RE: Classification of Alprazolam

Ms. Joan von Doehren
Interchem Corporation
120 Route 17 North
Suite 115
Paramus, NJ 07652

Dear Ms. von Doehren:

This letter is in response to your request of March 20, 1989, for a classification ruling for Alprazolam imported from Finland, under the Harmonized Tariff Schedule of the United States. In a separate letter, NYRL 838805, the New York office issued a ruling for Crotamiton imported from Italy, as also requested in your letter.

FACTS:

The item under consideration is a drug, Alprazolam, which belongs to the benzodiazepine class of central nervous system active compounds.

ISSUE:

Whether Alprazolam is properly classifiable under subheading 2933.90.33, HTSUS, which provides for antidepressants, tranquilizers and other psychotherapeutic agents: Other, or under subheading 2933.90.34, HTSUS, which provides for Anticonvulsants, hypnotics and sedatives.

LAW AND ANALYSIS:

Classification under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings and any relative Section or Chapter notes.

Use of the drug under consideration is indicated for the management of anxiety disorders or short term relief of the symptoms of anxiety. Physicians' Desk Reference (PDR),(1989), at 2190. Benzodiazepines act as central nervous system depressants resulting in a quieting or calming effect on the patient. The Product Category Index of the PDR lists Alprazolam (Xanax) as a tranquilizer belonging to a class of benzodiazepine central nervous system active compounds.

HOLDING:

Alprazolam is classifiable under the provision for tranquilizers in subheading 2933.90.3300, HTSUS; dutiable at a rate of 16.6 percent ad valorem.

NYRL Ruling 834845 modified accordingly

Sincerely,

John Durant, Director
Commercial Rulings Division

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