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NY G81071




October 6, 2000

CLA-2-29:RR:NC:2:238 G81071

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.90.7000

Mr. Joseph J. Chivini

Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Apomorphine Hydrochloride [CAS-41372-20-7; CAS-314-19-2 (anhydrous)], imported in bulk form, from England

Dear Mr. Chivini:

In your letter dated August 2, 2000, you requested a tariff classification ruling.

The subject product, Apomorphine Hydrochloride, is indicated for use as an emetic, as well as in the treatment of Parkinson’s disease. According to a report issued to this office by the New York Customs laboratory, it is also in Phase ll clinical trials in the United States to determine its suitability in the treatment of erectile dysfunction.

The preparation of Apomorphine Hydrochloride is described in the 18th edition of Remington’s Pharmaceutical Sciences as follows: “[B]y heating morphine in a closed tube with a great excess of HCL for 2 or 3 hr at a temperature of 140º to 150º. The elements of 1 mole of H20 are abstracted from the morphine, resulting in a change in the molecular structure (of the morphine molecule).” Accordingly, since the basic structure of the morphine molecule is lost in the synthesis of Apomorphine Hydrochloride, it is our determination that, for tariff purposes, Apomorphine Hydrochloride cannot be regarded as a derivative of an alkaloid obtained from opium (i.e., morphine). Headquarters Ruling Letter 085775, dated December 27, 1990.

The applicable subheading for Apomorphine Hydrochloride will be 2933.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic: Drugs: Drugs primarily affecting the central system: Other." The rate of duty will be 6.5 percent ad valorem. We note that, at present, the subject product is not listed in Tables 1 or 3 of the Pharmaceutical Appendix to the Tariff Schedule. 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 merchandise may also be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000.

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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