The tariff classification of Atovaquone Oral Suspension in dosage form, from India

N303367 March 28, 2019 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9210 Ms. Rhona M. Keeler NorthStar Healthcare 3300 Cork Airport Business Park Kinsale Road, Cork T12 XN72 Ireland RE: The tariff classification of Atovaquone Oral Suspension in dosage form, from India Dear Ms. Keeler: In your letter dated March 11, 2019, you requested a tariff classification ruling. Atovaquone Oral Suspension, imported in 750 mg/5 ml, is a medicinal preparation containing atovaquone, an antiprotozoal agent, as the active ingredient. It is indicated for the treatment or prevention of pneumonia in patients who are intolerant to trimethoprim-sulfamethoxazole (TMP-SMX). It is also indicated for the acute oral treatment of mild to moderate pneumocystis pneumonia (PCP) in patients who are intolerant to TMP-SMX. The applicable subheading for Atovaquone Oral Suspension in dosage form will be 3004.90.9210, 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: Anti-infective medicaments: 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 the World Wide Web at https://hts.usitc.gov/current. 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 judy.h.lee@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division