The tariff classification of Zolmitriptan Orally Disintegrating Tablets, Zolmitriptan Tablets and Indomethacin Capsules in dosage form, from India

N238491 March 1, 2013 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9128 Mr. Pradeep Shah Zydus Pharmaceuticals (USA) Inc. 73 Route 31 North Pennington, NJ 08534 RE: The tariff classification of Zolmitriptan Orally Disintegrating Tablets, Zolmitriptan Tablets and Indomethacin Capsules in dosage form, from India Dear Mr. Shah: In your letter dated February 5, 2013, you requested a tariff classification ruling. Zolmitriptan Orally Disintegrating Tablets and Zolmitriptan Tablets are medicinal preparations containing Zolmitriptan, a serotonin receptor agonist, as the active ingredient. It is indicated for the acute treatment of migraine attacks with or without aura and cluster headaches. Both products will be imported in dosage form in 2.5 mg and 5 mg tablets. Indomethacin Extended Release Capsules, imported in 75 mg dosage form is a non-steroidal anti-inflammatory drug (NSAID). It is indicated for the treatment of moderate to severe rheumatoid arthritis including acute flares of chronic disease. The applicable subheading for the Zolmitriptan Orally Disintegrating Tablets, Zolmitriptan Tablets and Indomethacin Extended Release Capsules in dosage form will be 3004.90.9128, 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 central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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 National Import Specialist Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division