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NY H85786




December 11, 2001

CLA-2-29:RR:NC:2:238 H85786

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.1050

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

RE: The tariff classification of Rapamycin (CAS-53123-88-9), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated September 7, 2001, you requested a tariff classification ruling.

The subject product, Rapamycin, currently known as Sirolimus, is a macrocyclic lactone produced by Streptomyces hygroscopicus, which is found in the soil of Easter Island. An abstract found on the website www4.ncbi.nlm.nih.gov/PubMed/ states, inter alia, that “[r]apamycin and its analogs are fungicidal.” An article found on the website www.cellsisignal.com/products/us/9904.html states, inter alia, that “Rapamycin is a bacterial macrolide with antifungal and immunosuppressant activities.” Accordingly, pursuant to Lonza, Inc. v. United States, and the Explanatory Notes to heading 2941, HTS, it is our determination that Rapamycin, currently known as Sirolimus, is properly classifiable as an antibiotic for tariff purposes.

The applicable subheading for Rapamycin, currently known as Sirolimus, imported in bulk form, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antibiotics: Other: Natural: Other.” The rate of duty will be free. The rate of duty in 2002 remains unchanged.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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