CLA-2-39:OT:RR:NC:N1:137

Ms. Sheila Heerdt
Ren Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753

RE: The tariff classification of Patiromer Sorbitex Calcium (CAS# 1415477-49-4)

Dear Ms. Heerdt:

In your letter dated August 14, 2017 you requested a tariff classification ruling for Patiromer Sorbitex Calcium (CAS# 1415477-49-4). We apologize for the delay as the information was sent to our laboratory for analysis.

Patiromer Sorbitex Calcium consists of patiromer calcium, sorbitol, and water. Patiromer calcium is used as an active ingredient in pharmaceutical products to remove potassium for the treatment of hyperkalemia.

Based on laboratory analysis, the patiromer calcium is an ion-exchanger based on a chemically modified acrylic polymer. The cross-linked calcium fluoroacrylate contains fluoro and carboxylate functional groups.

The applicable subheading for the Patiromer Sorbitex Calcium will be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Ion-exchangers based on polymers of heading 3901 to 3913, in primary forms: Other. The rate of duty will be 3.9 percent, ad valorem. Currently, Patiromer Sorbitex Calcium is not listed in the Pharmaceutical Appendix to the Tariff Schedule.

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 https://hts.usitc.gov/current.

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 Christina Allen at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division