N319912

N319912 June 24, 2021 CLA-2-29:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9230 Mrs. Robyn K. Brunciak WorldGen LLC 120 Route 17 North Paramus, NJ 07652 RE: The tariff classification of Midazolam in 0.9% Sodium Chloride Injection in dosage form, from Switzerland Dear Mrs. Brunciak: In your letter dated June 8, 2021, you requested a tariff classification ruling. Midazolam in 0.9% Sodium Chloride Injection, imported in 100 mg/100 mL and 50 mg/50 mL plastic bags, is in a class of drugs known as benzodiazepine. It is used intramuscularly or intravenously for preoperative sedation on a patient who is having minor surgery, dental work, or other medical procedure. The applicable subheading for the Midazolam in 0.9% Sodium Chloride Injection in dosage form will be 3004.90.9230, 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: Anticonvulsants, hypnotics and sedatives.” 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 product may also be subject to the Controlled Substances Act, which is administered by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. Information on the Controlled Substances Act can be obtained by contacting the DEA at (800) 882-9539, or by visiting their website at www.dea.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