The tariff classification of Lastacaft™ eye drop in dosage form

N184450 September 26, 2011 CLA-2-30:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9180 Ms. Iliana G. Fuller Allergan 2525 Dupont Drive P.O. Box 19534 Irvine, CA 92623 RE: The tariff classification of Lastacaft™ eye drop in dosage form Dear Ms. Fuller: In your letter dated September 13, 2011, you requested a tariff classification ruling. The subject product, Lastacaft™ eye drop is a sterile ophthalmic solution containing the active ingredient, Alcaftadine (0.25%), an H1 histamine receptor antagonist and mast cell stabilizer. It is indicated for the prevention of itching associated with allergic conjunctivitis. Lastacaft™ eye drop will be packaged ready for retail sale in a plastic bottle containing 3 mL of the ophthalmic solution. The applicable subheading for the Lastacaft™ eye drop will be 3004.90.9180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Other: Antihistamines.” 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 Judy Lee at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division