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HQ 952066


August 12, 1992

CLA-2 CO:R:C:F 952066 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.90.2600

Melvin E. Lazar, Esquire
Barnes, Richardson & Colburn
475 Park Avenue South
New York, New York 10016

RE: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of loratadine; CAS 79794- 75-5; antihistamine

Dear Mr. Lazar:

This is in reply to your written request on behalf of Schering Corporation and dated June 15, 1992, for a binding ruling on the classification under the HTSUSA of loratadine.

FACTS:

Loratadine, CAS 79794-75-5, has the chemical name of 4-(8- chloro-5,6-dihydro-11H-benzo-[5,6] cyclohepta [1,2-b] pyridin- 11-ylidene)-1-piperidinecarboxylic acid ethyl ester. It is used as an antihistaminic.

For purposes of this ruling, the compound has been described as being in bulk form.

ISSUE:

What is the classification of loratadine, CAS Registry

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. Tariff classification 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 as well as section and chapter notes are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

Heading 2933, describes heterocyclic compounds with nitrogen hetero-atoms only; nucleic acids and their salts. Subheading 2933.90.2600, HTSUSA, describes antihistamines. We find that loratadine is classifiable under the foregoing provision.

HOLDING:

Loratadine, CAS 79794-75-5, the chemical name of which is 4-(8-chloro-5,6-dihydro-11H-benzo-[5,6] cyclohepta [1,2-b] pyridin-11-ylidene)-1-piperidinecarboxylic acid ethyl ester, is classifiable under subheading 2933.90.26, a provision for heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic acids and their salts; other aromatic or modified aromatic; other; drugs; antihistamines, and dutiable at the column one general rate of 6.6 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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