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

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

RE: The tariff classification of various blends of Clavulanate Potassium (CAS-61177-45-5) mixed with Amoxicillin Trihydrate (CAS-61336-70-7) imported in bulk form, from Turkey

Dear Ms. Forstenzer:

In your letter dated October 20, 2009, you requested a tariff classification ruling.

The subject products, Clavulanate Potassium mixed with Amoxicillin Trihydrate in various blends of one part Clavulanate Potassium and four parts Amoxicillin Trihydrate, one part Clavulanate Potassium and two parts Amoxicillin Trihydrate and one part Clavulanate Potassium and seven parts Amoxicillin Trihydrate are antibiotics. It is indicated for the treatment of many different infections caused by bacteria, such as sinusitis, pneumonia, ear infections, bronchitis, urinary tract infections, and infections of the skin.

The applicable subheading for the various blends of Clavulanate Potassium mixed with Amoxicillin Trihydrate in bulk form will be 3003.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not 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.” 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