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NY M86959




October 11, 2006

CLA-2-29:RR:NC:2:238 M86959

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.99.7500; 2933.29.2000; 2935.00.6000

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

RE: The tariff classification of Tegaserod Maleate (CAS-189188-57-6), Olmesartan (CAS-144689-24-7), and Almotriptan (CAS-154323-57-6), imported in bulk form, from Spain

Dear Ms. Forstenzer:

In your letter dated September 25, 2006, you requested a tariff classification ruling.

The first product, Tegaserod Maleate, is indicated for the short-term treatment of women with irritable bowel syndrome (IBS).

The second product, Olmesartan, is indicated for the treatment of hypertension.

The third product, Almotriptan, is indicated for the acute treatment of migraine in adults.

The applicable subheading for Tegaserod Maleate, imported in bulk form, will be 2933.99.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Other.” The rate of duty will be 6.5 percent ad valorem

At the present time, Tegaserod Maleate is not listed in the Pharmaceutical Appendix to the Tariff Schedule..

The applicable subheading for Olmesartan, imported in bulk form, will be 2933.29.2000, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused imidazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Drugs.” The rate of duty will be 6 percent ad valorem At the present time, Olmesartan is not listed in the Pharmaceutical Appendix to the Tariff Schedule..

The applicable subheading for Almotriptan, imported in bulk form, will be 2935.00.6000, HTSUS, which provides for “Sulfonamides: Other: Drugs: Other.” Pursuant to General Note 13, HTSUS, 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/.

These products 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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