N270865 N2 Ruling Active

The tariff classification of Divalproex Sodium ER imported in dosage form, from India

Issued December 17, 2015 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3004.90.9130

Headings: 3004

Product description

The subject product, Divalproex Sodium ER in 250 mg and 500 mg tablet form, is a medicinal preparation containing Divalproex Sodium, an anticonvulsant, as the active ingredient. It is indicated for the treatment and management of seizure disorders, mania and migraine headaches.

CBP rationale

The applicable subheading for Divalproex Sodium ER, imported in dosage form, will be 3004.90.9130, 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 central nervous system: Anticonvulsants, hypnotics and sedatives.

Full text

N270865 December 17, 2015 CLA-2-30:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9130 Ms. Martha Scott NorthStar Healthcare 3300 Cork Airport, Business Park Kinsale Road, Cork T12 XN72 Ireland RE: The tariff classification of Divalproex Sodium ER imported in dosage form, from India Dear Ms. Scott: In your letter dated November 20, 2015 you requested a tariff classification ruling. The subject product, Divalproex Sodium ER in 250 mg and 500 mg tablet form, is a medicinal preparation containing Divalproex Sodium, an anticonvulsant, as the active ingredient. It is indicated for the treatment and management of seizure disorders, mania and migraine headaches. The applicable subheading for Divalproex Sodium ER, imported in dosage form, will be 3004.90.9130, 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 central nervous system: Anticonvulsants, hypnotics and sedatives.” 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 [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division

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