The tariff classification of Finasteride (CAS-98319-26-7), in bulk form, and Proscar® tablets, both imported from various countries

NY H88208 February 19, 2002 CLA-2-29:RR:NC:2:238 H88208 CATEGORY: Classification TARIFF NO.: 2937.29.9090; 3004.39.0050 Jack D. Mlawski, Esq. Galvin & Mlawski 470 Park Avenue South Suite 200 - South Tower New York, NY 10016-6819 RE: The tariff classification of Finasteride (CAS-98319-26-7), in bulk form, and Proscar® tablets, both imported from various countries Dear Mr. Mlawski: In your letter dated January 31, 2002, on behalf of your client, Merck & Co., Inc., you requested a tariff classification ruling. The first product, Finasteride, is a synthetic steroid analogue that functions as an anti-androgen by inhibiting steroid Type II 5(alpha)-reductase, an intracellular enzyme that converts the androgen (hormone) testosterone into 5(alpha)-dihydrotestosterone (DHT). The second product, Proscar® tablets, is an oral medication containing Finasteride as the active ingredient. It is indicated for the treatment of benign prostatic hyperplasia (BPH) in men with an enlarged prostate. The applicable subheading for Finasteride, imported in bulk form, will be 2937.29.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Steroidal hormones, their derivatives and structural analogues: Other: Other: Other.” The rate of duty will be free. The applicable subheading for Proscar® tablets will be 3004.39.0050, HTS, 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: Containing hormones or other products of heading 2937 but not containing antibiotics: Other: 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 301-443-1544. 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