HQ 0952189 - Application for Further Review of Protest No. 4103-92- 100084, dated March 27, 1992, concerning doxorubicin hydrochloride (HCl); (8S-cis)-10-[(3-amino-2,3,6- trideoxy-a-L-lyxo-hexopyranosyl)oxy]-7,8,9,10- tetrahydro-6,8,11-trihydroxy-8-(hydroxyacetyl)-1- methoxy-5,12-naphthacenedione hydrochloride; CAS 25316- 40-9 not listed; aromatic; antibiotic; bulk; NY 861327 - United States International Trade Commision Rulings

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HQ 952189

October 20, 1992

CLA-2 CO:R:C:F 952189 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.3000

District Director
U.S. Customs Service
55 Erieview Plaza
Cleveland, Ohio 44114

RE: Application for Further Review of Protest No. 4103-92- 100084, dated March 27, 1992, concerning doxorubicin hydrochloride (HCl); (8S-cis)-10-[(3-amino-2,3,6- trideoxy-a-L-lyxo-hexopyranosyl)oxy]-7,8,9,10- tetrahydro-6,8,11-trihydroxy-8-(hydroxyacetyl)-1- methoxy-5,12-naphthacenedione hydrochloride; CAS 25316- 40-9 not listed; aromatic; antibiotic; bulk; NY 861327

Dear Sir:

This is a decision on a protest filed March 27, 1992, against your decision in the classification of the merchandise in various entries liquidated January 10, 1992.

FACTS:

The protestant entered all goods in subheading 2941.90.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), a provision for antibiotics; other; other; other (than aromatic or modified aromatic), such merchandise being dutiable at the column 1 general rate of 3.7 percent ad valorem. Customs reclassified the merchandise under subheading 2941.90.3000, HTSUSA, a provision for antibiotics, other; other; aromatic or modified aromatic and assessed a duty of 6.6 percent ad valorem.

Protestant seeks reclassification of the goods to subheading 294190.5000, HTSUSA, providing as stated above, arguing that a previous entry of doxorubicin HCl was classified thereunder and was entered free of duty as a product of Canada. As part of that entry, no sample was provided to Customs laboratory for analysis.

In this case, Customs Chicago laboratory has analyzed a submitted sample and has reported that the substance was an aromatic antibiotic known by the chemical name of (8S-cis)-10- [(3-amino-2,3,6-trideoxy-a-L-lyxo-hexopyranosyl)oxy]-7,8,9,10- tetrahydro-6,8,11-trihydroxy-8-(hydroxyacetyl)-1-methoxy-5,12- naphthacenedione hydrochloride and being assigned CAS Registry Number 25316-40-9, which number is not listed in the Chemical Appendix to the Tariff Schedule.

ISSUE:

What is the proper classification under the HTSUSA of doxorubicin hydrochloride (HCl) an aromatic antibiotic having the chemical name of (8S-cis)-10-[(3-amino-2,3,6-trideoxy-a-L-lyxo- hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-8- (hydroxyacetyl)-1-methoxy-5,12-naphthacenedione hydrochloride, CAS# 25316-40-9, a number not listed in the Chemical Appendix?

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 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.

There is no dispute that the substance is an antibiotic compound properly classifiable under heading 2941. The only issue is whether it is described under subheading 2941.90.3000, HTSUSA, as an aromatic or modified aromatic antibiotic.

As the chemical name of doxorubicin HCl indicates, the compound contains the modified aromatic moiety naphthacene. Based upon the chemical name of the compound and the fact that the chemical literature describe it as an aromatic antibiotic, we find that doxorubicin HCl is properly classified under subheading 2941.90.3000, HTSUSA.

HOLDING:

You are instructed to deny the protest.

Doxorubicin hydrochloride (HCl), an aromatic antibiotic having the chemical name of (8S-cis)-10-[(3-amino-2,3,6-trideoxy- a-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11- trihydroxy-8-(hydroxyacetyl)-1-methoxy-5,12-naphthacenedione hydrochloride, CAS# 25316-40-9, a number not listed in the Chemical Appendix, is classifiable under subheading 2941.90.3000, HTSUSA, a provision for antibiotics; other; other; aromatic or modified aromatic.
Articles classified under that subheading for the year 1992 are subject to a general rate of duty of 6.6 percent ad valorem.

A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director

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