The tariff classification of Erythromycin Tablets and Esomeprazole Magnesium Delayed Release Oral Suspension in dosage form, from China and India, respectively

N310734 April 14, 2020 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.20.0020; 3004.90.9260 Mr. Pradeep Shah Zydus Pharmaceuticals USA Inc. 73 Route 31 North Pennington, NJ 08534 RE: The tariff classification of Erythromycin Tablets and Esomeprazole Magnesium Delayed Release Oral Suspension in dosage form, from China and India, respectively Dear Mr. Shah: In your letter dated March 17, 2020, you requested a tariff classification ruling. Erythromycin, imported in 250 mg and 500 mg tablets, is a macrolide antibiotic. It is indicated for the treatment of infections caused by susceptible strains of designated microorganisms. Esomeprazole Magnesium, imported in 20 mg and 40 mg delayed-release oral suspension, is a proton pump inhibitor. It is indicated for the short-term treatment (4 to 8 weeks) in the healing and symptomatic resolution of diagnostically confirmed erosive esophagitis. The applicable subheading for the Erythromycin Tablets in dosage form will be 3004.20.0020, 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 containing antibiotics: Other: Erythromycin, singles or in combination with other antibiotics.” The rate of duty will be free. The applicable subheading for the Esomeprazole Magnesium Delayed Release Oral Suspension in dosage form will be 3004.90.9260, 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 digestive system: 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 the World Wide Web at https://hts.usitc.gov/current. 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, Steven A. Mack Director National Commodity Specialist Division