The tariff classification of Oxaliplatin (CAS # 61825-94-3) from Argentina

N333670 July 18, 2023 CLA-2-28:OT:RR:NC:N3:136 CATEGORY: Classification TARIFF NO.: 2843.90.0000 Carol Glenny Avila NorthStar Healthcare UC 3300 Cork Airport Business Park, Kinsale RoadCork T12 XN72Ireland RE:  The tariff classification of Oxaliplatin (CAS # 61825-94-3) from Argentina Dear Ms. Avila: In your letter dated June 23, 2023, you requested a tariff classification ruling on Oxaliplatin (CAS # 61825-94-3). Your submission indicates that the product at issue is an organic precious metal compound in liquid form, mixed with water. Oxaliplatin (CAS # 61825-94-3) is a platinum-based drug used in combination with infusional flurouracil and leucovorin, which is indicated for adjuvant treatment of stage III colon cancer in patients who have undergone complete resection of the primary tumor and for treatment of advanced colorectal cancer via Intravenous infusion. This product will be imported into the United States in injectable 50mg and 100mg retail form. Oxaliplatin (CAS # 61825-94-3) is currently listed in the pharmaceutical appendix of the Harmonized Tariff Schedule of the United States (HTSUS). In accordance with Section VI, Notes 1(b) and 2, HTSUS, because the subject product is described in heading 2843, HTSUS, it is to be classified there and in no other heading of this section. The applicable subheading for Oxaliplatin (CAS # 61825-94-3) will be 2843.90.0000, HTSUS, which provides for Colloidal precious metals; inorganic or organic compounds of precious metals, whether or not chemically defined; amalgams of precious metals: Other compounds; amalgams. Pursuant to General Note 13, HTSUS, the rate of duty will be free. 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. 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 at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division