Fed. Circ. Says J&J Unit's HIV Treatment May Enter Duty-Free

Law360 (April 27, 2021, 3:02 PM EDT) -- The Federal Circuit has upheld a Johnson & Johnson unit's $100 million victory at the federal trade court, saying in a decision publicly released Monday the company could import its HIV treatment Prezista into the U.S. duty-free.

The three-judge panel found that darunavir ethanolate, the active ingredient in Janssen Ortho LLC's Prezista, is covered in Table 1 of the Pharmaceutical Appendix of the U.S. Tariff Schedule, which lists drugs that may enter the U.S. duty free.

The federal government had stressed that the table listed darunavir but not its ethanolate suffix, thus requiring Janssen to pay a 6.5% tariff on the...

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