CLA-2-29:OT:RR:NC:N3:138

Mr. Kenn Leifheit
Flavine North America
10 Reuten Drive
Closter, NJ 07624

RE: The tariff classification of Tinidazole (CAS No. 19387-91-8) and Bupropion Hydrochloride (CAS No. 31677-93-7) in bulk form, from China

Dear Mr. Leifheit:

In your letter dated March 22, 2019, you requested a tariff classification ruling.

Tinidazole is a synthetic antiprotozoal and antibacterial agent. It is indicated for the treatment of trichomoniasis, giardiasis, amebiasis and bacterial vaginosis.

Bupropion Hydrochloride is a norepinephrine-dopamine reuptake inhibitor. It is indicated for the treatment of major depressive disorder.

The applicable subheading for the Tinidazole in bulk form will be 2933.29.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused imidazole ring (whether or not hydrogenated) in the structure: Other: Other: Drugs." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for the Bupropion Hydrochloride in bulk form will be 2922.39.2500, HTSUS, which provides for "Oxygen-function amino-compounds: Amino-aldehydes, amino-ketones and amino-quinones, other than those containing more than one kind of oxygen function; salts thereof: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI." Pursuant to General Note 13, HTS, the rate of duty will be free. The International Nonproprietary Name (INN) for Bupropion is Amfebutamone, which is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 2922.39.2500 and 2933.29.4500, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2922.39.2500 and 2933.29.4500, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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.

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 Judy Lee at judy.h.lee@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division