CLA-2-30:OT:RR:NC:N2:238
Mr. Pradeep Shah
Zydus Pharmaceuticals (USA) Inc.
73 Route 31 North
Pennington, NJ 08534
RE: The tariff classification of Cholestyramine Oral Suspension USP Powder, Cholestyramine Oral Suspension USP Light Powder and Exemestane Tablets imported in dosage form, from India
Dear Mr. Shah:
In your letter dated February 5, 2013, you requested a tariff classification ruling.
Cholestyramine Oral Suspension USP Powder and Cholestyramine Oral Suspension USP Light Powder are medicinal preparations containing Cholestyramine, an antihyperlipidemic, as the active ingredient. It is indicated as adjunctive therapy to diet for the reduction of elevated serum cholesterol. According to your letter, both products will be imported in various dosage powder forms.
Exemestane Tablets, imported in 25 mg, is a medicinal preparation containing Exemestane, a steroidal aromatase inhibitor, as the active ingredient. It is an antineoplastic drug that is indicated for the treatment of advanced breast cancer in postmenopausal women.
The applicable subheading for the Cholestyramine Oral Suspension USP Powder and Cholestyramine Oral Suspension USP Light Powder in dosage powder form will be 3004.90.9120, 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: Cardiovascular medicaments.” The rate of duty will be free.
The applicable subheading for the Exemestane Tablets in dosage form will be 3004.39.0050, 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 hormones or other products of heading 2937 but not containing antibiotics: 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 National Import Specialist Judy Lee at (646) 733-3033.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division