The tariff classification of Desloratadine (CAS-100643-71-8), imported in dosage form, from India

N203976 February 29, 2012 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9180 Ms. Martha Scott NorthStar Healthcare 3300 Cork Airport Business Park, Kinsale Road Cork, Ireland RE: The tariff classification of Desloratadine (CAS-100643-71-8), imported in dosage form, from India Dear Ms. Scott: In your letter dated February 9, 2012, you requested a tariff classification ruling. The subject product, Desloratadine, imported in 5mg tablet form is a medicinal preparation containing Desloratadine, a tricyclic antihistamine, which has a selective and peripheral H1-antagonist action, as the active ingredient. It is indicated for the relief of seasonal allergy symptoms and allergic nasal conditions (rhinitis) such as runny nose, sneezing, and itching eyes. The applicable subheading for the Desloratadine 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 ... 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 Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division