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March 8, 1999

CLA-2-29:RR:NC:2:238 D88194

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.99.9510

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Dehydroepiandrosterone (CAS No. 53-43-0), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated February 11, 1999, you requested a tariff classification ruling.

According to the 28th edition of Dorland’s Illustrated Medical Dictionary, Dehydroepiandrosterone [(3 -3-Hydroxyandrost-5-en-17-one; abbreviated, “DHEA”] is a steroid, secreted by the adrenal cortex, which is the major androgen precursor in females, as well as the major androgen precursor in post-menopausal women. Goodman &Gilman’s, The Pharmacological Basis of Therapeutics (9th edition), characterizes DHEA as a “[w]eak androgen precursor,” produced by the ovaries as well as the adrenals, that can be converted to testosterone and estrogen in peripheral tissues. A reference to DHEA in the 1999 Physicians’ Desk Reference indicates that it is presently being marketed as a dietary supplement. In fact, presumably based on its hormone-related activity, we note that DHEA is now widely available in health-food and drug stores.

The applicable subheading for the subject product, imported in bulk form, will be 2937.99.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for: “[O]ther hormones and their derivatives; other steroids used primarily as hormones: Other: Other ....... Anabolic agents and androgens.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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