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

Ms. Martha Scott
NorthStar Healthcare
3300 Cork Airport
Business Park Kinsale Road
Cork, Ireland

RE: The tariff classification of Amoxicillin Trihydrate (CAS-26787-78-0) capsules imported in dosage form, from India

Dear Ms. Scott:

In your letter dated September 6, 2011, you requested a tariff classification ruling.

The subject product, Amoxicillin Trihydrate capsules contain the active ingredient, Amoxicillin Trihydrate, is a ß-lactam antibiotic. It is indicated for use in the treatment of bacterial infections including streptococcal pharyngitis, pneumonia, urinary tract infections, and skin infections.

The applicable subheading for the Amoxicillin Trihydrate 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 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 the National Import Specialist at (646) 733-3033.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division