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N127556 N1 Ruling Active

The tariff classification of Nicotine Polacrilex in bulk form, from India

Issued October 22, 2010 by U.S. Customs and Border Protection.

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N1 N127556 (October 22, 2010)

Tariff classification

HTS codes: 3003.40.0000

Headings: 3003

Product description

The subject product, Nicotine Polacrilex, is a nicotine bound to an ion-exchange resin, and is also known as Nicoret. It is a mixture of Nicotine Polacrilex and Glycerine. It is indicated as a nicotine replacement therapy to help people with addiction to smoking.

CBP rationale

The applicable subheading for the Nicotine Polacrilex in bulk form will be 3003.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Containing alkaloids or derivatives thereof but not containing hormones or other products of heading 2937 or antibiotics.

Full text

N127556 October 22, 2010 CLA-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3003.40.0000 Ms. Dina Donnelly Aceto Corporation One Hollow Lane Lake Success, NY 11042 RE: The tariff classification of Nicotine Polacrilex in bulk form, from India Dear Ms. Donnelly: In your letter dated October 14, 2010, you requested a tariff classification ruling. The subject product, Nicotine Polacrilex, is a nicotine bound to an ion-exchange resin, and is also known as Nicoret. It is a mixture of Nicotine Polacrilex and Glycerine. It is indicated as a nicotine replacement therapy to help people with addiction to smoking. The applicable subheading for the Nicotine Polacrilex in bulk form will be 3003.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Containing alkaloids or derivatives thereof but not containing hormones or other products of heading 2937 or antibiotics.” 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

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