R00317 R0 Ruling Active

The tariff classification of RIBASPHERE™ (ribavirin) capsules

Issued May 3, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3004.90.9110

Headings: 3004

Product description

The subject product, RIBASPHERE™ (ribavirin) capsules, is an anti-infective medicament, put up in capsule form, containing the antiviral drug, ribavirin (CAS-36791-04-5), as the active ingredient. RIBASPHERE™ (ribavirin) capsules are indicated for the treatment of chronic hepatitis C (HCV).

CBP rationale

The applicable subheading for RIBASPHERE™ (ribavirin) capsules will be 3004.90.9110, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Anti-infective medicaments: Other.

Full text

NY R00317 May 3, 2004 CLA-2-30:RR:NC:2:238 R00317 CATEGORY: Classification TARIFF NO.: 3004.90.9110 Ms. Cindy Berringer Three Rivers Pharmaceuticals, LLC 312 Commerce Park Drive Cranberry Township, PA 16066 RE: The tariff classification of RIBASPHERE™ (ribavirin) capsules Dear Ms. Berringer: In your letter dated April 26, 2004, you requested a tariff classification ruling. The subject product, RIBASPHERE™ (ribavirin) capsules, is an anti-infective medicament, put up in capsule form, containing the antiviral drug, ribavirin (CAS-36791-04-5), as the active ingredient. RIBASPHERE™ (ribavirin) capsules are indicated for the treatment of chronic hepatitis C (HCV). The applicable subheading for RIBASPHERE™ (ribavirin) capsules will be 3004.90.9110, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Anti-infective medicaments: Other.” The rate of duty will be free. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332. 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 Harvey Kuperstein at 646-733-3033. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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