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HQ 953450


April 19, 1993

CLA-2 CO:R:C:F 953450 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 2909.19.1090

Mr. John Aldridge
Abbott Laboratories International Co.
6HD AP30
Abbott Park, Illinois 60064-3500

RE: Sevoflurane; fluoromethyl 2,2,2-trifluoro-1-(trifluoromethyl) ethyl ether; 1,1,1,3,3,3-hexafluoro-2-(fluoromethoxy) propane; CAS 28523-86-6 not listed; inhalation anaesthetic; bulk

Dear Mr. Aldridge:

This is in reply to your written request dated February 17, 1993, for a binding ruling on the classification under the Harmonized Tariff Schedule of the United States (Annotated) (HTSUSA) of sevoflurane.

FACTS:

Sevoflurane, CAS 28523-86-6, described by you as fluoromethyl 2,2,2-trifluoro-1-(trifluoromethyl) ethyl ether, has the CAS name of 1,1,1,3,3,3-hexafluoro-2-(fluoromethoxy) propane. It is used as an inhalation anaesthetic.

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

ISSUE:

What is the classification of sevoflurane, 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 2909, describes, among other compounds, ethers and their halogenated derivatives. Subheading 2909.19.1090, HTSUSA, describes compounds such as fluoromethyl 2,2,2-trifluoro-1- (trifluoromethyl) ethyl ether. We find that sevoflurane is classifiable under the foregoing provision.

We note that this product in use potentially would be classified in Chapter 30, which provides for pharmaceutical products. It is precluded from a Chapter 30 classification, however, by the fact that Note 2 to Section VI (including Chapter 30) limits classification in the relevant Chapter 30 headings to goods put up in measured doses or for retail sale. This product, imported in bulk, must be classified as a separate chemically defined organic compound.

HOLDING:

Sevoflurane, CAS Registry Number 28523-86-6 and Name of 1,1,1,3,3,3-hexafluoro-2-(fluoromethoxy) propane, also known as fluoromethyl 2,2,2-trifluoro-1-(trifluoromethyl) ethyl ether, is classifiable under subheading 2909.19.1090, a provision for "Ethers, ether-alcohols, ether-phenols, ether-alcohol-phenols, alcohol peroxides, ether peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulfonated, nitrated or nitrosated derivatives: acyclic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Ethers of monohydric alcohols, Other" and dutiable at the column one general rate of 5.6 percent ad valorem.

Sincerely,

John Durant, Director

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