HQ 0952784 - hormones; Endothelin-1 (Human) CAS# 117399-94-7; Endothelin- 3 (Human) CAS# 117399-93-6; Big Endothelin-1 (Human) CAS# 122462-75-3; GRF (Human) CAS# 83930-13-6; NYRL 872718 modified; HRL 951974 modified - United States International Trade Commision Rulings

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HQ 952784

March 8, 1993

CLA-2 CO:R:C:F 952784 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.99.8050

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

RE: hormones; Endothelin-1 (Human) CAS# 117399-94-7; Endothelin- 3 (Human) CAS# 117399-93-6; Big Endothelin-1 (Human) CAS# 122462-75-3; GRF (Human) CAS# 83930-13-6; NYRL 872718 modified; HRL 951974 modified

Dear Dr. Benovitz:

This is in reply to your letter dated October 23, 1992, in which you request review of our ruling HRL 951974 (October 8, 1992), in which we affirmed NYRL 872718 (April 10, 1992) concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of certain chemicals.

FACTS:

Briefly stated, in HRL 951974, supra, Customs classified 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 under heading 2933, HTSUSA, which provides for other heterocyclic compounds with nitrogen hetero-atom(s) only. Classification under heading 2933 was based upon the chemical structure of the substances and the lack of evidence supporting the proposition that any of those substances were capable of inhibiting or stimulating the functioning of particular organs.

You are of the opinion that all of the foregoing chemicals are a new group of hormones secreted by endocrine or exocrine glands or cellular tissue and are capable of inhibiting or stimulating the function of particular organs; therefore, all of the foregoing chemicals are "hormones" of heading 2937.

In support of your position, you have submitted copies of the following:

Doherty, Endothelin: A New Challenge, 35 J. MEDICINAL CHEM. 1493-1508 (1992);

Kon, Suguira, Inagami, Harvie, Ichikawa & Hoover, Role of Endothelin in Cyclosporine-induced Glomerular Dysfunction, 37 KIDNEY INT. 1487-1491 (1990);

Liu, Shiue & Tam, A Novel Strategy for the Deprotection of S- acetamidomethyl Containing Peptides: An Approach to the Efficient Synthesis of Endothelin, 11 PROCEEDINGS OF THE ELEVENTH AMERICAN PEPTIDES SYMPOSIUM 271-273 (1990); and

Yanagasawa, Kurihara, Kimura, Tomobe, Kobayashi, Mitsui, Yazaki, Goto and Masaki, A Novel Potent Vasoconstrictor Produced by Vascular Endothelial Cells, 332 NATURE 411-415 (1988).

ISSUE:

What is the classification under the HTSUSA of 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?

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 GRIs taken in order.

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.

In consideration of the additional scientific evidence that has been presented on the issue, we find that the substances meet
the functional definition of "hormone" and are, therefore, classifiable under heading 2937.

HOLDING:

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 2937.99.8050, HTSUSA, a provision for hormones, natural or reproduced by synthesis; derivatives thereof, used primarily as hormones; other steroids used primarily as hormones; other hormones and their derivatives; other steroids used primarily as hormones; other; other; other; other and dutiable at the column one general rate of 3.2 percent ad valorem.

NYRL 872718 and HRL 951974 are modified in accordance with this ruling.

Sincerely,

John Durant, Director
Commercial Rulings Division

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