Tariff Schedule Rulings D-Memoranda Trade Remedies PGA Requirements Sanctions Regimes

Ruling 8000008874

active

&&The product is marketed as liquid D-Glucose for the relief of mild to moderate hypoglycemia. Each bottle contains 15g of D-Glucose (medicinal ingredient) as well as other non-medicinal ingredients.&&&&It comes in cartons of 6 plastic bottles of 2 fl oz each.

HS Classification

3004.90.00.90

CBSA Reasoning

&&Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System and the Canadian Rules set out in the schedule. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS).&&&&General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.&&&&In your application for an advance ruling, you suggested tariff classification number 3004.90.00.12. This tariff classification number is incorrect.&&&&Heading 30.04 covers “Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) 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.”&&&&As per Memorandum D10-14-30, a product can be classified as a medicament under heading&&30.03 or 30.04 if it satisfies the following:&&• (a) meets the terms of the heading and any relative legal note; and&&• (b) evidence attests to the product’s therapeutic or prophylactic use; and&&• (c) the goods are presented as a therapeutic or prophylactic product.&&&&The Dex4 Liquiblast, Berry Burst is a good that consists of products mixed for therapeutic or prophylactic uses. It is put up in measured doses and packaged for retail sale. There is evidence that attests to the product’s therapeutic or prophylactic use and the good is presented/labelled as such. Therefore, it meets the term of heading 30.04 and all of the criteria of paragraph 1 to Memorandum D10-14-30.&&&&Accordingly, it is classified under heading 30.04, and more precisely under sub-heading 3004.90.&&&&At the statistical suffix level, the product does not fall under 3004.90.00.12, as it is not "prepared for parenteral administration".&&&&Thus, and as it does not meet the description of any other provision of the above mention sub- heading, the Dex4 Liquiblast, Berry Burst is classified under 3004.90.00.90, by way of GIR 1 and 6.

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