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NY N013406




July 23, 2007

CLA-2-28:RR:E:NC:N2:236

CATEGORY: CLASSIFICATION

TARIFF NO.: 2846.90.8000

Mr. Kenn Leifheit
Flavine North America, Inc.
10 Reuten Drive
Closter, NJ 07624

RE: The tariff classification of lanthanum carbonate CAS# 587-26-8 from Germany

Dear Mr. Leifheit:

In your letter dated June 26, 2007 you requested a tariff classification ruling.

Lanthanum carbonate prevents the body from absorbing phosphate.  It is used for the treatment of hyperphosphataemia in patients with end stage renal disease.

The applicable subheading for Lanthanum carbonate, imported in bulk form, will be 2846.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium, or of mixtures of these metals: Other: Other: Other. The rate of duty will be 3.7 percent ad valorem.

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. 

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 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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