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NY H89670




April 4, 2002

CLA-2-29:RR:NC:2:238 H89670

CATEGORY: CLASSIFICATION

TARIFF NO.: 2932.19.1000; 3004.90.9185

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

RE: The tariff classification of LDP-977 (CAS-175212-04-1), imported in bulk and measured-dose forms, from the United Kingdom and France

Dear Mr. Lynch:

In your letter dated March 19, 2002, on behalf of your client, Millennium Pharmaceuticals, Inc., you requested a tariff classification ruling.

“LDP-977” is the code designation for an investigational new drug (IND No. 54,765) currently being evaluated, in FDA Phase II clinical trials, for use in the treatment of chronic asthma. The Chemical Abstracts (CA) Index name for LDP-977 is: Urea, N-[4-[(2S,5S)-5-[(4-fluorophenoxy)methyl]tetrahydro-2-furfanyl]-3-butynyl]-N-hydroxy-(9CI).

The applicable subheading for LDP-977, imported in bulk form, will be 2932.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with oxygen hetero-atom(s) only: Compounds containing an unfused furan ring (whether or not hydrogenated) in the structure: Other: Aromatic. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for LDP-977, imported put up in measured doses, will be 3004.90.9185, HTS, which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Other: Other.” The rate of duty will be free.

We note that, at the present time, LDP-977 is not listed - either by chemical name or Chemical Abstracts Service (CAS) number (i.e., 175212-04-1) - 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 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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