N335273 N3 Ruling Active

The tariff classification of Dalbavancin Hydrochloride (CAS No. 2227366-51-8) in bulk crystal form, from Taiwan

Issued September 28, 2023 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2941.90.3000

Headings: 2941

Product description

Dalbavancin Hydrochloride is a second generation lipoglycopeptide antibiotic. It is indicated for the treatment of patients with acute bacterial skin and skin structure infections (ABSSSI) caused by designated susceptible strains of gram-positive microorganisms.

CBP rationale

The applicable subheading for the Dalbavancin Hydrochloride in bulk crystal form will be 2941.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antibiotics: Other: Other: Aromatic or modified aromatic.

Full text

N335273 September 28, 2023 CLA-2-29:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 2941.90.3000 Yaling Lo Pharmaports LLC 1 E Uwchlan Ave., Suite 116 Exton, PA 19341 RE:  The tariff classification of Dalbavancin Hydrochloride (CAS No. 2227366-51-8) in bulk crystal form, from Taiwan Dear Ms. Lo: In your letter dated September 12, 2023, on behalf of Chunghwa Chemical Synthesis & Biotech Co., Ltd., you requested a tariff classification ruling. Dalbavancin Hydrochloride is a second generation lipoglycopeptide antibiotic.  It is indicated for the treatment of patients with acute bacterial skin and skin structure infections (ABSSSI) caused by designated susceptible strains of gram-positive microorganisms. The applicable subheading for the Dalbavancin Hydrochloride in bulk crystal form will be 2941.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antibiotics: Other: Other: Aromatic or modified aromatic.” The general 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 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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 Judy Lee at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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