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NY N010580




May 8, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9120; 3004.90.9140

Mr. Colm F. Moynihan
NorthStar Healthcare Limited
3300 Cork Airport Business Park
Cork, Ireland

RE: The tariff classification of Felodipine (CAS-72509-76-3) and Rivastigmine (CAS-123441-03-2), imported in dosage form, from India

Dear Mr. Moynihan:

In your letter dated May 1, 2007, you requested a tariff classification ruling.

The first product, Felodipine, is a calcium channel blocker used as a vasodilator in the treatment of hypertension.  

The second product, Rivastigmine, is an acetylcholinesterase inhibitor used in the treatment of mild to moderate dementia of the Alzheimer’s type.

The applicable subheading for Felodipine, imported in dosage 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 Rivastigmine, imported in dosage form form, will be 3004.90.9140, 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: Medicaments primarily affecting the central nervous system: Other." The rate of duty will be free.

In your letter you also asked what the effect of different dosage forms would have on classification. Classification of medicaments in heading 3004 requires that they be put up in measured doses, such as tablets, capsules, ampoules, vials, etc., or that they be in packings for retail sale for therapeutic or prophylactic use. This would include, e.g., a multi-dose oral suspension in a bottle which is designed to be administered by measured dosage. The type of dosage form has no bearing on classification in the heading.

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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