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HQ 951974


October 8, 1992

CLA-2 CO:R:C:F 951974 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.90.8000; 2937.10.0000

Deanne Benovitz, Ph.D.
Peptides International, Inc.
P.O. Box 24658
Louisville, Kentucky 40224

RE: polypeptides; hormones; Endothelin-1 (Human) CAS# 117399- 94-7, Endothelin-3 (Human) CAS# 117399-93-6, Big Endothelin- 1 (Human) CAS# 122462-75-3, LH-RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447-49-9; GRF (Human) CAS# 83930- 13-6; NY 872718 affirmed

Dear Dr. Benovitz:

This is in reply to your letter dated June 4, 1992, in which you request, first, review of NY 872718 (April 10, 1992) concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of several chemicals identified therein pursuant to your correspondence dated March 10, 1992, and, second, the classification of certain other chemicals.

FACTS:

In NY 872718, Customs classified Endothelin-1 (Human) CAS# 117399-94-7, Endothelin-2 (Human) CAS# unknown, Endothelin-3 (Human) CAS# 117399-93-6, Big Endothelin-1 (Porcine) CAS# unknown and Big Endothelin-1 (Human) CAS# 122462-75-3, all of which are polypeptides, under subheading 2933.90.3700, HTSUSA, which provides for other heterocyclic compounds with nitrogen hetero- atom(s) only: products described in additional U.S. note 3 to section VI, dutiable at the column 1 general rate of 13.5 percent.

You presently seek review of the classification of Endothelin-1 (Human), Endothelin-3 (Human) and Big Endothelin-1 (Human) as well as a binding ruling on the classification of LH- RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447-49-9 and GRF (Human) CAS# 83930-13-6, the latter two chemicals also being polypeptides.

You are of the opinion that all of the foregoing chemicals are properly classifiable under heading 2937 as hormones. ISSUE:

What is the classification under the HTSUSA of polypeptides identified as Endothelin-1 (Human) CAS# 117399-94-7, Endothelin- 3 (Human) CAS# 117399-93-6, Big Endothelin-1 (Human) CAS# 122462- 75-3, LH-RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447- 49-9 and GRF (Human) CAS# 83930-13-6?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. The tariff classification of merchandise under the HTSUSA is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order.

Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the Customs Cooperation Council on the scope of each heading, and, although neither binding upon the contracting parties to the Harmonized System Convention nor considered to be dispositive interpretations, they should be consulted on the proper scope of the System.

Heading 2937, HTSUSA, provides for "hormones, natural or reproduced by synthesis; derivatives thereof, used primarily as hormones; other steroids used primarily as hormones."

EN 29.37 indicates that chemicals classifiable under heading 2937 are such substances as are secretions usually of the endocrine glands of humans or animals, but which also may originate either in glands which are both endo- and exocrinal or in various cellular tissues. Such "hormones", naturally occurring or reproduced by synthesis, are capable of inhibiting or stimulating the functioning of particular organs.

We find that only one substance, i.e. LH-RH, meets the functional definition of "hormone" and is, therefore classifiable under heading 2937.

We find that none of the remaining chemicals at issue is described under heading 2937 inasmuch as no evidence has been provided in your submission, nor have Customs laboratory and scientific services personnel found support for the proposition, that any of the substances are capable of inhibiting or stimulating the functioning of particular organs.

Heading 2933 describes in part heterocyclic compounds with nitrogen hetero-atom(s) only, and we find the remaining polypeptides classifiable thereunder.

HOLDING:

LH-RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447- 49-9 is classifiable under subheading 2937.10.0000, HTSUSA, a provision for hormones, natural or reproduced by synthesis; derivatives thereof, used primarily as hormones; other steroids used primarily as hormones; pituitary (anterior) or similar hormones, and their derivatives, and dutiable at the column 1 general rate of 1.8 percent ad valorem.

Endothelin-1 (Human) CAS# 117399-94-7, Endothelin-3 (Human) CAS# 117399-93-6, Big Endothelin-1 (Human) CAS# 122462-75-3 and GRF (Human) CAS# 83930-13-6 are classifiable under subheading 2933.90.8000, HTSUSA, a provision for heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic acids and their salts; other; aromatic or modified aromatic; other; other: products described in additional U.S. note 3 to section VI, and dutiable at the column one general rate of 13.5 percent ad valorem. Please note that this provision was renumbered from 2933.90.3700 to the present 2933.90.8000.

NYRL 872718 is affirmed.

Sincerely,

John Durant, Director

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