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NY I88359





November 25, 2002

CLA-2-29:RR:NC:2:238 I88359

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 Staurosporine (CAS-62996-74-1), imported in bulk form, from Israel

Dear Mr. Chivini:

In your letter dated November 6, 2002, you requested a tariff classification ruling.

The subject product, Staurosporine (a.k.a. AM-2282), is a naturally occurring antibiotic originally isolated from Streptomyces staurosporeus. An excerpt from U.S. Patent 4,107,297 reads as follows: “The present invention relates to a new compund designated as AM-2282. AM-2282 reveals an antibiotic activity on yeast and fungi, and pharmacological activity on hypertension, edema and ulcer. AM-2282 has (a) therapeutical effect on various infectious diseases caused by a parasite of yeast and fungi, and also has an excellent effect of (sic) hypotensive activity” (emphasis added). You state in your letter that the product will be imported for use in research and development.

The applicable subheading for Staurosporine, 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.

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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