NY N013514 - The tariff classification of Colesevelam Hydrochloride (CAS-182815-44-7) and Lanthanum Carbonate (CAS-54451-24-0), both imported in bulk form, from India, and Acamprosate Calcium (CAS-77337-73-6), imported in bulk form, from Italy. Correction to Customs Ruling No. N012816 - United States International Trade Commision Rulings

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NY N013514

June 29, 2007

CLA-2-29:RR:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 2846.90.8000; 2924.19.1150; 3914.00.6000

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

RE: The tariff classification of Colesevelam Hydrochloride (CAS-182815-44-7) and Lanthanum Carbonate (CAS-54451-24-0), both imported in bulk form, from India, and Acamprosate Calcium (CAS-77337-73-6), imported in bulk form, from Italy. Correction to Customs Ruling No. N012816

Dear Ms. Forstenzer:

This ruling is being issued to correct Customs Ruling No. N012816, dated June 25, 2007. The ruling letter did not mention products from India which may be eligible for duty free treatment under the Generalized System of Preferences (GSP). A complete corrected ruling is as follows:

In your letter dated June 05, 2007, you requested a tariff classification ruling.

The first product, Colesevelam Hydrochloride is a non-absorbed, polymeric, lipid-lowering agent used to lower “bad” cholesterol. It is a bile acid sequestrant, which binds with bile acids in the intestine to prevent bile acids from being absorbed into the bloodstream.

The second product, Lanthanum Carbonate prevents the body from absorbing phosphate. It is used for the treatment of hyperphosphataemia in patients with end stage renal disease.

The third product, Acomprosate Calcium is used for the treatment of alcohol dependency.

The applicable subheading for Colesevelam Hydrochloride, imported in bulk form, will be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms: Other." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

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.

The applicable subheading for Acomprosate Calcium, imported in bulk form, will be 2924.19.1150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Carboxy-amide-function compounds; amide-function compounds of carbonic acid: Acyclic amides (including acyclic carbamates) and their derivatives; salts thereof: Other: Amides: Other." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

Articles classifiable under subheading 2846.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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