The tariff classification of Dovonex® cream and Innohep® injection in dosage form, from Ireland and Denmark, respectively

N099101 April 8, 2010 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9145; 3004.90.9120 Ms. Yolanda Landau Geodis Wilson 75 Northfield Avenue Edison, NJ 08837 RE: The tariff classification of Dovonex® cream and Innohep® injection in dosage form, from Ireland and Denmark, respectively Dear Ms. Landau: In your letter dated March 24, 2010, you requested a tariff classification ruling. The first product, Dovonex® cream, is a formulation containing the active ingredient, Calcipotriene, a synthetic vitamin D3 derivative. It is indicated for the treatment of plaque psoriasis in adults. It will be imported ready for retail sale in 60 grams and 120 grams aluminum tubes. The second product, Innohep® injection, is a formulation containing the active ingredient, Tinzaparin sodium, a low molecular weight heparin. It is indicated for the acute symptomatic deep vein thrombosis with or without pulmonary embolism when administered in conjunction with warfarin sodium. It will be imported in multiple dose 2 mL vial. The applicable subheading for Dovonex® cream in dosage form will be 3004.90.9145, 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 … or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics.” The rate of duty will be free. The applicable subheading for Innohep® injection in dosage form will be 3004.90.9120, 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 … or in forms or packings for retail sale: Other: Other: Other: Cardiovascular medicaments.” The rate of duty will be free. 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