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NY 813846





August 23, 1995

CLA-2-29:S:N:N7:238 813846

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.99.9950

Herbert J. Lynch, Esq.
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of RMP-7 (CAS-139183-63-4), in bulk form, from Belgium

Dear Mr. Lynch:

In your letter dated August 15, 1995, on behalf of your client, Alkermes, Inc., you requested a tariff classification ruling.

The subject product, which is currently known by the trade name of RMP-7 , has the chemical name of L-Arginyl-L-prolyl-L-(4-(R)-hydroxyprolyl)-glycyl-L-thienylalanyl-L-seryl-L-prolyl-[1-(4-methoxyphenyl)-2-(S)-amino-4-aza-5-(S)-carboxy-8-guanidyloctane]. It is a nine-amino-acid synthetic peptide analogue of the naturally occurring hormone, Bradykinin, which (according to the Merck Index, Eleventh Edition) is a "tissue hormone" that acts on smooth muscle, dilates peripheral vessels, and increases the permeability of capillaries. You indicate that RMP-7 increases the permeability of the blood-brain, blood-ocular, and blood-tumor barriers, and will be used with other drugs to enhance their ability to penetrate those barriers. You further indicate that the subject product will be imported in bulk containers, and that dosage vials will be prepared, subsequent to importation, by your client or by a subcontractor.

The applicable subheading for the subject product will be 2937.99.9950, Harmonized Tariff Schedule of the United States (HTS), which provides 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." The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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