CLA-2-29:RR:NC:2:238 C87236
William T. Cain, Ph.D.
SST Corporation
635 Brighton Road
P.O. Box 1649
Clifton, NJ 07015-1649
RE: The tariff classification of Temazepam (CAS-846-50-4),
imported in bulk form, from Germany
Dear Dr. Cain:
In your letter dated April 20, 1998, you requested a tariff
classification ruling.
The subject product, Temazepam, has the following chemical
name: 7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one. We note that, although you describe
Temazepam as a "tranquilizer", the single monograph in the 1998
edition of the Physicians' Desk Reference characterizes the
actual medicament containing Temazepam (as the active ingredient)
as "a benzodiazepine hypnotic agent," indicated for use in the
short-term treatment of insomnia. With respect to your question
as to whether Tamazepam "fits more appropriately into category
2933.39.3000,(HTS)," we note the absence of any pyridine ring(s)
- fused or unfused - in the structure of this compound.
The applicable subheading for Temazepam, imported in bulk
form, will be 2933.90.6500, Harmonized Tariff Schedule of the
United States (HTS), which provides for: "Hetrocyclic compounds
with nitrogen hetero-atom(s) only: Aromatic or modified aromatic:
Other: Drugs: Drugs primarily affecting the central nervous
system: Anticonvulsants, hypnotics and sedatives." Pursuant to
General Note 13, HTS, the rate of duty will be free.
This merchandise may be subject to the requirements of the
Federal Food, Drug, and Cosmetic Act, which is administered by
the U.S. Food and Drug Administration. You may contact them at
5600 Fishers Lane, Rockville, Maryland 20857, telephone number
(301) 443-6553.
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 212-466-5770.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division