The tariff classification of Lexapro® imported in dosage form, from Ireland

N197541 January 17, 2012 CLA-2-30:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9135 Mr. Mark Huntebrinker Forest Pharmaceuticals 13600 Shoreline Drive Earth City, MO 63045 RE: The tariff classification of Lexapro® imported in dosage form, from Ireland Dear Mr. Huntebrinker: In your letter dated December 16, 2011, you requested a tariff classification ruling. The subject product, Lexapro®, imported in 5 mg, 10 mg and 20 mg tablet form is a medicinal preparation containing, Escitalopram Oxalate (CAS-219861-08-2), a selective serotonin reuptake inhibitor (SSRI), as the active ingredient. In your letter, you state it is indicated for the acute and maintenance treatment of major depressive disorder in adults and in adolescents 12 to 17 years of age. It is also indicated for the acute treatment of Generalized Anxiety Disorder (GAD) in adults. The applicable subheading for the Lexapro® imported in dosage form will be 3004.90.9135, 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: Medicaments primarily affecting the central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents.” 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 Judy Lee (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division