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NY J87595

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September 12, 2003

CLA-2-29:RR:NC:2:240 J87595

CATEGORY: CLASSIFICATION

TARIFF NO. 2919.00.5050; 2922.19.9500; 2923.20.1000: 2924.29.7100

Mr. Richard D’Innocenzo
Genzyme Corporation
One Kendall Square
Cambridge, MA 02139

RE: The tariff classification of various chemical compounds from Switzerland

Dear Mr. D’Innocenzo:

In your letter dated July 3, 2003 you requested a tariff classification ruling. We apologize for the delay; the products were submitted to our laboratory for technical information.

FMOC-L-Gln (Trt)-OH, CAS 132327-80-1,an abbreviation for N-alpha-FMOC-N-gamma-trityl-L-glutamine, is listed in the CAS Registry as N2-[(9H-Fluoren-9-ylmethoxy) carbonyl]-N-(triphenylmethyl)-l-glutamine. FMOC-L-Phe-OH, an abbreviation for N-alpha-FMOC-l-phenylalanine, CAS 35661-40-6, is listed in the CAS Registry as N-[(9H-fluoren-9-ylmethoxy)carbonyl]-l-phenylalanine. These chemicals are aromatic cyclic carboxyamide-function compounds manufactured for the production of peptides.

POPC is also known as 1-Palmitoyl-2-oleoyl-sn-glycero-3-phosphocholine. You indicated the CAS as 56491-62-2, a number that does not exist. The applicable CAS number is 26853-31-6, which is listed in the CAS Registry as (7R-17Z)-4-hydroxy-N,N,N-trimethyl-9-oxo-7-[[(1-oxohexadecyl) oxy]-methyl]-3,5,8-trioxa-4-phosphahexacos-17-en-1-aminium, inner salt, 4-oxide. POPC is a phosphoaminolipid.

DDPA, Na, is an abbreviation for 1,2-dipalmitoyl-sn-glycero-3-phosphatidic acid, sodium salt. You did not provide a CAS for this product nor does a CAS number exist for this product. This compound is a nonaromatic ester of phosphoric acid.

DSPE, CAS 1069-79-0,an abbreviation for 1,2-diasteroyl-sn-glycero-3-phosphoethanolamine, listed in the CAS Registry as Octadecanoic acid, (1R)-1-[[[(2-aminoethoxy) hydroxyphosphinyl]oxy]methyl]-1,2-ethanediyl ester. The product contains an amino compound, amino alcohol, a phosphoric acid ester and esters of carboxylic acids.

POPC, DPPA Na and DSPE are used as both active and inactive pharmaceutical intermediates as well as drug delivery excipients.

The applicable subheading for FMOC-L-Gin(Trt)-OH and FMOC-L-Phe-OH, will be 2924.29.7100, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxyamide-function compounds; amide function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for POPC will be 2923.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined: Lecithins and other phosphoaminolipids: Other. The rate of duty will be 5 percent ad valorem.

The applicable subheading for DPPA, Na will be 2919.00.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Phosphoric esters and their salts, including lactophosphates; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for DSPE will be 2922.19.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for Oxygen-function function amino compounds: Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other. The rate of duty will be 6.5 percent ad valorem.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2919.00.50 - Nonaromatic phosphoric esters and their salts, including lactophosphates, and their derivatives
• Tariff No.: 2922.19.95 - Other non-aromatic amino-alcohols, their ethers and esters other than those containing more than one oxygen function; salts thereof
• Tariff No.: 2923.20.10 - Purified egg phospholipids, pharmaceutical grade meeting requirements of the U.S. FDA for use in intravenous fat emulsion
• Tariff No.: 2924.29.71 - Aromatic cyclic amides and their derivatives of products described in additional U.S. note 3 to section VI, nesoi