CLA-2-30:OT:RR:E:NC:N2:238

Ms. Martha Scott
NorthStar Healthcare
3300 Cork Airport
Business Park Kinsale Road
Cork, Ireland

RE: The tariff classification of Cefpodoxime Proxetil (CAS-87239-81-4), imported in dosage form, from India

Dear Ms. Scott:

In your letter dated January 18, 2013, you requested a tariff classification ruling.

The subject product, Cefpodoxime Proxetil, is a prodrug of Cefpodoxime, a third generation cephalosporin antibiotic. It is indicated for the treatment of various bacterial infections including pharyngitis, acute otitis media and sinusitis. In your letter, you stated that it will be imported in 50 mg/5 mL and 100 mg/5 mL oral suspensions.

The applicable subheading for the Cefpodoxime Proxetil in dosage form will be 3004.20.0060, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Containing other antibiotics: 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 National Import Specialist Judy Lee at (646) 733-3033.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division