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I81539 I8 Ruling Active

The tariff classification of MBX-102 tablets from Canada

Issued July 2, 2002 by U.S. Customs and Border Protection.

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I8 I81539 (July 2, 2002)

Tariff classification

HTS codes: 3004.90.9190

Headings: 3004

Product description

The subject product, MBX-102 tablets, is a medicament containing the active ingredient (-)-Halofenate (CAS-24136-23-0), an antihyperlipoproteinemic agent and uricosuric agent.

CBP rationale

the applicable subheading for the subject tablets will be 3004.90.9190, 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 or in forms or packings for retail sale: Other: Other: Other.

Full text

NY I81539 July 2, 2002 CLA-2-30:RR:NC:2:238 I81539 CATEGORY: Classification TARIFF NO.: 3004.90.9190 Mr. James F. Morgan PBB Global Logistics 883-D Airport Park Road Glen Burnie, MD 21061 RE: The tariff classification of MBX-102 tablets from Canada Dear Mr. Morgan. : In your letter dated April 29, 2002, on behalf of your client, Pateon Inc., you requested a tariff classification ruling. The subject product, MBX-102 tablets, is a medicament containing the active ingredient (-)-Halofenate (CAS-24136-23-0), an antihyperlipoproteinemic agent and uricosuric agent. You state in your letter that the tablets will be imported for use in FDA-regulated Phase I clinical trials in order to evaluate the efficacy of (-)-Halofenate for the treatment of non-insulin-dependent Type II diabetes, and for lowering lipid levels. Pursuant to the General Notice entitled Guidance in the Tariff Classification of Pharmaceutical Products Imported for Clinical Research (see Customs Bulletin and Decisions, Vol. 34, No. 21, May 24, 2000), the applicable subheading for the subject tablets will be 3004.90.9190, 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 or in forms or packings for retail sale: Other: 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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