N327991 N3 Ruling Active

The tariff classification of Baclofen Oral Suspension in dosage form, from Canada

Issued September 28, 2022 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3004.90.9240

Headings: 3004

Product description

Baclofen, imported in 25 mg/mL (5 mg/mL) oral suspension, is a muscle relaxant and antispastic medicament. It is indicated for the treatment of spasticity resulting from multiple sclerosis, particularly for the relief of flexor spasms and concomitant pain, clonus, and muscular rigidity.

CBP rationale

The applicable subheading for the Baclofen Oral Suspension in dosage form will be 3004.90.9240, 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: Other.

Full text

N327991 September 28, 2022 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9240 Sateesh Reddy Ambati Slayback Pharma LLC 301 Carnegie Center Princeton, NJ, 08540 RE: The tariff classification of Baclofen Oral Suspension in dosage form, from Canada Dear Mr. Ambati: In your letter dated September 2, 2022, you requested a tariff classification ruling. Baclofen, imported in 25 mg/mL (5 mg/mL) oral suspension, is a muscle relaxant and antispastic medicament. It is indicated for the treatment of spasticity resulting from multiple sclerosis, particularly for the relief of flexor spasms and concomitant pain, clonus, and muscular rigidity. The applicable subheading for the Baclofen Oral Suspension in dosage form will be 3004.90.9240, 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: 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

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