The tariff classification of Oxymetazoline Hydrochloride Concentrated Vapor Nasal Spray and Oxymetazoline Hydrochloride Moisturizing Nasal Spray in dosage form, from India

N062263 June 8, 2009 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9185 Mr. Pradeep Shah Zydus Pharmaceuticals 210 Carnegie Center, Suite 103 Princeton, NJ 08540 RE: The tariff classification of Oxymetazoline Hydrochloride Concentrated Vapor Nasal Spray and Oxymetazoline Hydrochloride Moisturizing Nasal Spray in dosage form, from India Dear Mr. Shah: In your letter dated May 21, 2009, you requested a tariff classification ruling. The subject products, Oxymetazoline Hydrochloride Concentrated Vapor Nasal Spray and Oxymetazoline Hydrochloride Moisturizing Nasal Spray, are both over-the-counter nasal sprays containing Oxymetazoline (INN) (CAS-1491-59-4) as the active ingredient. Oxymetazoline is a vaso-constrictor and a decongestant. It is indicated for the relief of stuffy, runny nose associated with colds and influenza, post nasal drip, sinusitis and hay fever. The applicable subheading for the Oxymetazoline Hydrochloride Concentrated Vapor Nasal Spray and Oxymetazoline Hydrochloride Moisturizing Nasal Spray in dosage 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