N328025

N328025 October 3, 2022 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9285 Sateesh Reddy Ambati Slayback Pharma LLC 301 Carnegie Center Princeton, NJ, 08540 RE: The tariff classification of Formoterol Fumarate Inhalation Solution in dosage form, from Germany Dear Mr. Ambati: In your letter dated September 7, 2022, you requested a tariff classification ruling. Formoterol Fumarate, imported in 0.02 mg/2mL inhalation solution, is a beta2 -adrenergic bronchodilator. It is indicated for the treatment of patients with chronic obstructive pulmonary disease (COPD), including chronic bronchitis and emphysema. The applicable subheading for the Formoterol Fumarate Inhalation Solution in dosage form will be 3004.90.9285, 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: 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