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The tariff classification of Lumigan™(bimatoprost ophthalmic solution) 0.03%, put up in plastic, ophthalmic dispenser-bottles
Issued February 4, 2002 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardH8 H87596 (February 4, 2002)
Tariff classification
HTS codes: 3004.39.0050
Headings: 3004
Product description
The subject product, Lumigan™(bimatoprost ophthalmic solution) 0.03%, is an ophthalmic medicament containing the drug, bimatoprost, a synthetic prostamide structurally related to prostaglandin F2a (PGF2a). Lumigan™(bimatoprost ophthalmic solution) 0.03% is indicated for the reduction of elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertension.
CBP rationale
The applicable subheading for the subject product will be 3004.39.0050, Harmonized Tariff Schedule of the United States (HTS), 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: Containing hormones or other products of heading 2937 but not containing antibiotics: Other: Other.
Full text
NY H87596 February 4, 2002 CLA-2-30:RR:NC:2:238 H87596 CATEGORY: Classification TARIFF NO.: 3004.39.0050 Ms. Iliana G. Fuller Allergan, Inc. 2525 Dupont Drive P.O. Box 19534 Irvine, CA 92623-9534 RE: The tariff classification of Lumigan™(bimatoprost ophthalmic solution) 0.03%, put up in plastic, ophthalmic dispenser-bottles Dear Ms. Fuller: In your letter dated January 15, 2002, you requested a tariff classification ruling. The subject product, Lumigan™(bimatoprost ophthalmic solution) 0.03%, is an ophthalmic medicament containing the drug, bimatoprost, a synthetic prostamide structurally related to prostaglandin F2a (PGF2a). Lumigan™(bimatoprost ophthalmic solution) 0.03% is indicated for the reduction of elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertension. The applicable subheading for the subject product will be 3004.39.0050, Harmonized Tariff Schedule of the United States (HTS), 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: Containing hormones or other products of heading 2937 but not containing antibiotics: Other: Other.” The rate of duty will be free. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. 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 Director, National Commodity Specialist Division
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