CLA-2-29:OT:RR:NC:N3:138
Mr. Gnanapragasam Louis Jeyaraj
SST Corporation
55 Lane Road
Fairfield, NJ 08807
RE: The tariff classification of Sucralfate (CAS No. 54182-58-0), Sugammadex (CAS No. 343306-71-8) and Treprostinil (CAS No. 81846-19-7) in bulk form, from China
Dear Mr. Jeyaraj:
In your letter dated November 25, 2019, you requested a tariff classification ruling.
You state SST will be importing about 100 grams of these drug substances for evaluation by U.S. pharmaceutical companies to develop generic drug products.
Sucralfate is a sugar ester consisting of a complex formed from sucrose octasulfate and polyaluminum hydroxide. It is indicated for the short-term treatment of duodenal ulcer.
Sugammadex is a selective relaxant binding agent indicated for reversal of neuromuscular blockade induced by rocuronium bromide and vecuronium bromide during surgery in adults.
Treprostinil is a synthetic analog of prostacyclin (PGI2). It is indicated for the treatment of pulmonary arterial hypertension.
The applicable subheading for the Sucralfate in bulk form will be 2940.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their salts, other than products of heading 2937, 2938 or 2939: Other.” Pursuant to GN 13, HTSUS, the rate of duty will be free.
The applicable subheading for the Sugammadex in bulk form will be 2932.99.9090, HTSUS, which provides for “Heterocyclic compound with oxygen hetero-atom(s) only: Other: Other: Other: Other.” Pursuant to GN 13, HTSUS, the rate of duty will be free.
The applicable subheading for the Treprostinil in bulk form will be 2937.50.0000, HTSUS, which provides for “Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, used primarily as hormones: Prostaglandins, thromboxanes and leukotrienes, their derivatives and structural analogues.” 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 the World Wide Web at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 2940.00.6000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2940.00.6000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 Judy Lee at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division