N328957 N3 Ruling Active

The tariff classification of Posaconazole Delayed-Release Tablets in dosage form, from India

Issued November 17, 2022 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3004.90.9209

Headings: 3004

Product description

Posaconazole, imported in 100 mg delayed-release tablets, is a triazole antifungal drug. It is used to treat invasive infections by Candida species and Aspergillus species in severely immunocompromised patients.

CBP rationale

The applicable subheading for Posaconazole Delayed-Release Tablets in dosage form will be 3004.90.9209, 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: Anti-infective medicaments: Antifungals.

Full text

N328957 November 17, 2022 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9209 Ms. Carol Glenny Avila NorthStar Healthcare 3300 Cork Airport Business Park Kinsale Road, Cork T12 XN72 Ireland RE: The tariff classification of Posaconazole Delayed-Release Tablets in dosage form, from India Dear Ms. Glenny Avila: In your letter dated October 25, 2022, you requested a tariff classification ruling. Posaconazole, imported in 100 mg delayed-release tablets, is a triazole antifungal drug. It is used to treat invasive infections by Candida species and Aspergillus species in severely immunocompromised patients. The applicable subheading for Posaconazole Delayed-Release Tablets in dosage form will be 3004.90.9209, 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: Anti-infective medicaments: Antifungals.” 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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