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NY M84214




July 17, 2006

CLA-2-29:RR:NC:2:238 M84214

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.59.5300

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Imatinib Mesylate (CAS-220127-57-1), imported in bulk form, from India

Dear Mr. Tartaro:

In your letter dated June 28, 2006, you requested a tariff classification ruling.

The subject product, Imatinib Mesylate, is indicated for the treatment of chronic myeloid leukemia and malignant gastrointestinal stromal tumors.

The applicable subheading for Imatinib Mesylate, imported in bulk form, will be 2933.59.5300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Other.” The rate of duty will be 6.5 percent ad valorem. We note that, at the present time, the subject product is not listed in the Pharmaceutical Appendix to the Tariff Schedule, nor, pursuant to General Note 4(b)(i) & (ii), HTSUS, as a product of India, is it eligible for preferential treatment under the Generalized System of Preferences (GSP).

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 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

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