CLA-2-30:OT:RR:E:NC:N2:238

Mr. Colm Moynihan
NorthStar Healthcare Ltd.
3300 Cork Airport Business Park
Kinsale Road, Cork
Ireland

RE: The tariff classification of Penicillin V Potassium (CAS-87-08-1) in dosage form, from India

Dear Mr. Moynihan:

In your letter dated December 1, 2008, you requested a tariff classification ruling.

The subject product, Penicillin V Potassium, is a medicinal preparation in tablet form containing Penicillin V Potassium, an antibiotic, as the active ingredient.

The applicable subheading for the Penicillin V Potassium in dosage form will be 3004.10.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: Other: Other: Other. 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 product 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