The tariff classification of Levofloxacin (CAS-100986-85-4) imported in dosage/tablet form, from India

N023869 March 12, 2008 CLA-2-30:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9185 Mr. Colm Moynihan NorthStar Healthcare Limited 3300 Cork Airport Business Park Kinsale Road Cork, Ireland RE: The tariff classification of Levofloxacin (CAS-100986-85-4) imported in dosage/tablet form, from India Dear Mr. Moynihan: In your letter dated February 26, 2008, you requested a tariff classification ruling. The subject product, Levofloxacin is a medicinal preparation containing Levofloxacin, a 3rd generation fluoroquinolone antibiotic. It is indicated for the treatment of many different types of bacterial infections. For tariff purposes, pursuant to exclusion "(c)" to Explanatory Note 29.41, HTS, Levofloxacin hemihydrate is excluded from classification as an antibiotic within heading 2941, HTS. The applicable subheading for the Levofloxacin in dosage/tablet form will be 3004.90.9185, 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 eyes, ears or respiratory system: Other: Other." 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 Director, National Commodity Specialist Division