The tariff classification of Ibuprofen DC-71, imported in bulk form, from India

N213539 May 11, 2012 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3003.90.0000 Mr. James Cannon, Jr. Cassidy Levy Kent (USA) LLP 2000 Pennsylvania Avenue, NWSuite 4500 Washington, DC 20006 RE: The tariff classification of Ibuprofen DC-71, imported in bulk form, from India Dear Mr. Cannon: In your letter dated April 11, 2012 you requested a tariff classification ruling on behalf of Shasun USA Inc. The subject product, Ibuprofen DC-7 is a direct compression grade Ibuprofen that consists of 71% of Ibuprofen, a nonsteroidal anti-inflammatory drug (NSAID), as the active ingredient mixed with excipients. In your letter, you indicate that excipients such as binders, glidants, disintegrants and lubricants are added to Ibuprofen DC-71 for the purpose of controlling the release of the active ingredients in the body and for the purpose of enabling the production of tablets. It will be imported in bulk containers or super sacks containing approximately 1,000 kg per sack. The applicable subheading for the Ibuprofen DC-71 in bulk form will be 3003.90.0000, 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: 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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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. 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, Thomas J. Russo Director National Commodity Specialist Division