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NY N017294





October 3, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.10.1000; 2924.29.6250; 2933.99.5300

Ms. Robyn Addabbo
InterChem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07652-1579

RE: The tariff classification of Pioglitazone Hydrochloride (CAS-112529-15-4), Rivastigmine Tartrate (CAS-129101-54-8) and Telmisartan (CAS-144701-48-4) in bulk form, from Italy

Dear Ms. Addabbo:

In your letter dated September 13, 2007, you requested a tariff classification ruling.

The first product, Pioglitazone hydrochloride, is an oral antidiabetic agent. It is used in the treatment of type 2 diabetes mellitus by decreasing insulin resistance.

The second product, Rivastigmine Tartrate, is a reversible cholinesterase inhibitor. It is used in the treatment of mild to moderate Alzheimer's disease.

The third product, Telmisartan, is a nonpeptide angiotensin II receptor (type AT1) antagonist. It is used in the treatment of hypertension.

The applicable subheading for the Pioglitazone Hydrochloride in bulk form, will be 2934.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure: Aromatic or modified aromatic: Products described in additional U.S. note 3 to section VI.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for the Rivastigmine Tartrate in bulk form, will be 2924.29.6250, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Carboxyamide-function compounds; amide-function compounds of carbonic acid (con.): Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for the Telmisartan in bulk form, will be 2933.99.5300, 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: Cardiovascular 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/.

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
Director,

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