The tariff classification of Tripore® TDD from the United Kingdom

N168340 June 13, 2011 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9190 Ms. Joan Smith OrthoEase, LLC 215 Horton Highway Mineola, NY 11501 RE: The tariff classification of Tripore® TDD from the United Kingdom Dear Ms. Smith: In your letter dated May 23, 2011, you requested a tariff classification ruling. You submitted a sample, TDD Tripore® HA Granules 2 to 4mm for our review and it will be retained by this office for reference only. The subject product, Tripore® TDD is a synthetic resorbable calcium salt bone-void filler. It is packaged in measured dosage form, ready for retail sale in a prefilled needleless plastic syringe. It is intended for use in spinal fusion procedures and maxillofacial surgery for the reconstruction of the facial skeleton. You reference NY Ruling Letter N024519, dated March 17, 2008, which concerned the same product except in this instance, the product is packaged differently. We agree, with your suggestion that the same classification would be applicable. The applicable subheading for the Tripore® TDD imported in measured dosage form will be 3004.90.9190, 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 … or in forms or packings for retail sale: Other: Other: Other: Other.” 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 the National Import Specialist at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division