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NY N006164




February 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9135; 3004.20.0060; 3004.90.9176

Mr. Pradeep Shah
Zydus Pharmaceuticals (USA) Inc.
508 Carnegie Center, 1st Floor
Princeton, NJ 08540

RE: The tariff classification of Sertraline Hydrochloride Tablets, Clindamycin Hydrochloride Capsules, and Benzonatate Capsules from India

Dear Mr. Shah:

In your letter dated January 19, 2007, you requested a tariff classification ruling.

The first product, Sertraline Hydrochloride Tablets, is a medicinal preparation, in tablet form, containing sertraline hydrochloride, an antidepressant, as the active ingredient.

The second product, Clindamycin Hydrochloride Capsules, is a medicinal preparation, in capsule form, containing clindamycin hydrochloride, a semisynthetic antibiotic, as the active ingredient. Clindamycin Hydrochloride is indicated for use in the treatment of serious infections caused by susceptible anaerobic bacteria.

The third product, Benzonatate Capsules, is a medicinal preparation, in capsule form, containing benzonatate, a non-narcotic antitussive agent, as the active ingredient. Benzonatate is indicated for the relief of cough.

The applicable subheading for Sertraline Hydrochloride Tablets will be 3004.90.9135, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents.” The rate of duty will be free.

The applicable subheading for Clindamycin Hydrochloride will be 3004.20.0060, HTSUS, which provides for “Medicamentsconsisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Containing other antibiotics: Other: Other.” The rate of duty will be free.

The applicable subheading for Benzonatate will be 3004.90.9176, HTSUS, which provides for “Medicamentsconsisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Cough and cold preparations.” 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

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