The tariff classification of Pemetrexed for Injection, Diclofenac Potassium Tablets USP, and Prochlorperazine Maleate Tablets USP in dosage form, from India

N324876 April 12, 2022 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9215; 3004.90.9228; 3004.90.9235 Mr. Pradeep Shah Zydus Pharmaceuticals USA Inc. 73 Route 31 North Pennington, NJ 08534 RE: The tariff classification of Pemetrexed for Injection, Diclofenac Potassium Tablets USP, and Prochlorperazine Maleate Tablets USP in dosage form, from India Dear Mr. Shah: In your letter dated March 17, 2022, you requested a tariff classification ruling. Pemetrexed for Injection, imported in 100 mg, 500 mg, and 1000 mg vials, is in a class of medications called antifolate antineoplastic agents. It is indicated for the treatment of pleural mesothelioma and non-small cell lung cancer (NSCLC). Diclofenac Potassium, imported in 50 mg tablets, is a nonsteroidal anti-inflammatory drug (NSAID). It is indicated for the treatment of mild to moderate pain associated with osteoarthritis, rheumatoid arthritis, ankylosing spondylitis, dysmenorrhea, and acute migraine. Prochlorperazine Maleate, imported in 5 mg and 10 mg tablets, is an antipsychotic drug. It is indicated for the treatment of severe nausea and vomiting, as well as short-term management of psychotic disorders such as generalized non-psychotic anxiety and schizophrenia. The applicable subheading for the Pemetrexed for Injection in dosage form will be 3004.90.9215, 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: Antineoplastic and immunosuppressive medicaments.” The rate of duty will be free. The applicable subheading for the Diclofenac Potassium Tablets in dosage form will be 3004.90.9228, 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: Analgesics, antipyretics and non-hormonal anti-inflammatory agents: Other.” The rate of duty will be free. The applicable subheading for the Prochlorperazine Maleate Tablets in dosage form will be 3004.90.9235, 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: Antidepressants, tranquilizers, and other psychotherapeutic agents.” 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