N006189 N0 Ruling Active

The tariff classification of Alprazolam Tablets, Hydoxyzine Hydrochloride Tablets, Baclofen Tablets, Metoclopramide Hydrochloride Tablets and Furosemide Tablets from India

Issued February 22, 2007 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3004.90.9135, 3004.90.9165, 3004.90.9130, 3004.90.9140, 3004.90.9160

Headings: 3004

Product description

The first product, Alprazolam Tablets, is a medicinal preparation containing Alprazolam, a sedative-hypnotic drug used in the treatment of anxiety disorders, as the active ingredient. The second product, Hydroxyzine Hydrochloride Tablets, is a medicinal preparation containing Hydroxyzine Hydrochloride, a minor tranquilizer drug used for the symptomatic treatment of skin allergies, as the active ingredient. The third product, Baclofen Tablets, is a medicinal preparation containing Baclofen, a centrally-acting muscle relaxant drug, used for the symptomatic treatment of spasticity in ALS, as the active ingredient. The fourth product, Metoclopramide Hydrochloride Tablets, is a medicinal preparation containing Metoclopramide Hydrochloride, an anti-emetic drug used as an anti-nausea agent in cancer chemotherapy, as the active ingredient. The fifth product, Furosemide Tablets, is a medicinal preparation containing Furosemide, a diuretic drug used often as an adjunct in antihypertension therapies.

CBP rationale

The applicable subheading for the Alprazolam Tablets will be 3004.90.9130, 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: Anticonvulsants, hypnotics and sedatives. The applicable subheading for the Hydroxyzine Hydrochloride Tablets will be 3004.90.9135, 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: Antidepressants, tranquilizers, and other psychotherapeutic agents. The applicable subheading for the Baclofen Tablets will be 3004.90.9140, 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 applicable subheading for the Metoclopramide Hydrochloride Tablets will be 3004.90.9160, 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 digestive system: Other. The applicable subheading for the Furosemide Tablets will be 3004.90.9165, 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: Preparations primarily affecting the electrolytic, caloric or water balance [sic]: Diuretics.

Full text

N006189 February 22, 2007 CLA-2-30:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9130; 3004.90.9135; 3004.90.9140; 3004.90.9160; 3004.90.9165 Mr. Colm Moynihan NorthStar Healthcare Limited 3300 Cork Airport Business Park Cork, Ireland RE: The tariff classification of Alprazolam Tablets, Hydoxyzine Hydrochloride Tablets, Baclofen Tablets, Metoclopramide Hydrochloride Tablets and Furosemide Tablets from India Dear Mr. Moynihan: In your letter dated January 31, 2007, you requested a tariff classification ruling. The first product, Alprazolam Tablets, is a medicinal preparation containing Alprazolam, a sedative-hypnotic drug used in the treatment of anxiety disorders, as the active ingredient. The second product, Hydroxyzine Hydrochloride Tablets, is a medicinal preparation containing Hydroxyzine Hydrochloride, a minor tranquilizer drug used for the symptomatic treatment of skin allergies, as the active ingredient. The third product, Baclofen Tablets, is a medicinal preparation containing Baclofen, a centrally-acting muscle relaxant drug, used for the symptomatic treatment of spasticity in ALS, as the active ingredient. The fourth product, Metoclopramide Hydrochloride Tablets, is a medicinal preparation containing Metoclopramide Hydrochloride, an anti-emetic drug used as an anti-nausea agent in cancer chemotherapy, as the active ingredient. The fifth product, Furosemide Tablets, is a medicinal preparation containing Furosemide, a diuretic drug used often as an adjunct in antihypertension therapies. The applicable subheading for the Alprazolam Tablets will be 3004.90.9130, 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: Anticonvulsants, hypnotics and sedatives.” The rate of duty will be free. The applicable subheading for the Hydroxyzine Hydrochloride Tablets will be 3004.90.9135, 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: Antidepressants, tranquilizers, and other psychotherapeutic agents.” The rate of duty will be free. The applicable subheading for the Baclofen Tablets will be 3004.90.9140, 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. The applicable subheading for the Metoclopramide Hydrochloride Tablets will be 3004.90.9160, 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 digestive system: Other.” The rate of duty will be free. The applicable subheading for the Furosemide Tablets will be 3004.90.9165, 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: Preparations primarily affecting the electrolytic, caloric or water balance [sic]: Diuretics.” 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/. Alprazolam may be subject to the requirements of the Controlled Substances Act, which are enforced by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. You may contact them at 2401 Jefferson Davis Highway, Alexandria, VA 22301, telephone (800) 882-9539. Hydroxyzine Hydrochloride, Baclofen, Metoclopramide Hydrochloride, and Furosemide 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 Director, National Commodity Specialist Division

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