CLA-2-30:OT:RR:NC:N3:138

Shannon Chan
5933 Bruns Ct.
Oakland, CA 94611

RE: The tariff classification of VEMLIDY® Tablets (Tenofovir Alafenamide) in dosage form, from Canada

Dear Ms. Chan:

In your letter dated April 1, 2021, you requested a tariff classification ruling.

VEMLIDY® (Tenofovir Alafenamide), imported in 25 mg tablets, is a hepatitis B virus (HBV) nucleoside analog reverse transcriptase inhibitor. It is indicated for the treatment of chronic hepatitis B virus infection in adults with compensated liver disease.

The applicable subheading for the Vemlidy Tablets in dosage form will be 3004.90.9207, 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: Other: Other: Other: Anti-infective medicaments: Antivirals.” 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.

In your letter, you indicated your plan to import a two-month supply of Vemlidy for your own personal use. Please note that this ruling letter is binding only on the tariff classification. We suggest that you contact the Food and Drug Administration (FDA) prior to shipment to determine the legality of importing this drug for personal use.

In addition, 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. 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