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NY H88706




March 1, 2002

CLA-2-30:RR:NC:2:238 H88706

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9115; 3004.39.0050

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of Biomed 101 capsules and Atamestane tablets from Canada

Dear Mr. Morgan:

In your letter dated February 14, 2002, on behalf of your client, Patheon, Inc., you requested a tariff classification ruling.

The first product, Biomed 101 capsules, is a medicament containing ±7-[3-(4-acetyl-3-methoxy-2-propylphenoxy]-3,4-dihydro-8-propyl-2H-1-benzopyran-2-carboxylic acid (CAS-120072-59-5) as the active ingredient. You state that the product is presently in Phase I clinical trials, where its efficacy in the treatment of renal cell carcinoma, metastatic melanoma, and AIDS (in combination with Interleukin-2) is being evaluated.

The second product, Atamestane tablets, is an antineoplastic medicament containing Atamestane as the active ingredient. (Atamestane is a steroid that inhibits the activity of the enzyme estrogen synthetase, which results in the suppression of estrogen production.) You state that the product is presently in Phase III clinical trials, where its efficacy in the treatment of certain types of breast cancer is being evaluated.

The applicable subheading for Biomed 101 capsules will be 3004.90.9115, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Antineoplastic and immunosuppressive medicaments. The rate of duty will be free.

The applicable subheading for Atamestane tablets will be 3004.39.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Containing hormones or other products of heading 2937 but not containing antibiotics: Other: Other.” 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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