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HQ 086041

January 29,1990

CLA -2 CO:R:C:G 086041 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.:

District Director of Customs
U.S. Customs Service
111 West Huron Street
Buffalo, New York 14202

RE: Decision on Application for Further Review of Protest No. 0901-9-750017, on the classification of 2', 3' -Dideoxyadenosine.

Dear Sir:

FACTS:

The chemical product, 2', 3'- Dideoxyadenosine (DDA) is a nucleoside derivative, described as an antiviral with utility in the treatment of retroviral infections, including AIDS.

ISSUE:

Whether DDA is classifiable as a drug in item 439.50, Tariff Schedules of the United States (TSUS), or the provision for other nitrogenous compounds in item 425.52, TSUS.

LAW AND ANALYSIS:

At one time, it had been Customs position on the classification of DDA, that its chief use had not been established, so that it would not be classified as a drug. However, subsequent investigation developed its antiviral activity and its utility in the treatment of AIDS. It is now asserted that there is no other use for the product than as a drug.

DDA is classifiable under the provision for other drugs, in item 439.50,TSUS.

HOLDING:

You are directed to allow the protest in full.

The protestant should be furnished a copy of this decision with the Form 19 Notice of Action.

Sincerely,

John Durant, Director

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