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

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

RE: The tariff classification of Pemetrexed Disodium (CAS-150399-23-8) and Rizatriptan Benzoate (CAS-145202-66-0) in bulk form, from China and Taiwan, respectively

Dear Ms. Forstenzer:

In your letter dated July 14, 2008, you requested a tariff classification ruling.

The first product, Pemetrexed Disodium, is a type of enzyme inhibitor and is used in the treatment of pleural mesothelioma and advanced non-small cell lung cancer.

The second product, Rizatriptan Benzoate, is a selective 5-hydroxytryptamine 1B/1D (5-HT1B/1D) receptor agonist and is indicated for the acute treatment of migraine attacks with or without aura in adults.

The applicable subheading for the Pemetrexed Disodium 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.” Pursuant to GN13 HTSUS, the rate of duty will be free.

The applicable subheading for the Rizatriptan Benzoate in bulk form will be 2933.99.5590 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: Drugs primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: Other.” Pursuant to GN13 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,
National Commodity
Specialist Division