The tariff classification of Diphenhydramine Hydrochloride (CAS-147-24-0) imported in measured dosage form in bulk drums, from India

N082081 November 9, 2009 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9180 Ms. Erica Gardner Granules USA Inc. 111 Howard Blvd., Suite 101 Mount Arlington, NJ 07856 RE: The tariff classification of Diphenhydramine Hydrochloride (CAS-147-24-0) imported in measured dosage form in bulk drums, from India Dear Ms. Gardner: In your letter dated October 28, 2009, you requested a tariff classification ruling. The subject product, Diphenhydramine Hydrochloride, is an antihistamine, antiemetic, sedative, and hypnotic. You state in your letter, the product will be imported in 25mg rapid release gel caps in bulk drums for further re-packing and in containers for retail sale. The applicable subheading for the Diphenhydramine Hydrochloride in measured dosage form imported in bulk drums will be 3004.90.9180, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Other: Antihistamines.” 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division