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NY L84123




April 28, 2005

CLA-2-29:RR:NC:2:238 L84123

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.59.5300

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

RE: The tariff classification of Zosuquidar Trihydrochloride (CAS-167465-36-3), imported in bulk form, from Canada

Dear Mr. Chivini:

In your letter dated April 14, 2005, you requested a tariff classification ruling.

The subject product, Zosuquidar Trihydrochloride, is an investigational new drug being studied, in FDA-regulated Phase III clinical trials, for its ability to reverse resistance to chemotherapy.

Pursuant to the General Notice entitled Guidance Concerning the Tariff Classification of Pharmaceutical Products Imported for Clinical Research, published in the Customs Bulletin, Volume 34, No. 21, dated May 24, 2000, and Rule 6, mutatis mutandis to Rule 3(c), of the General Rules of Interpretation, HTS, the applicable subheading for Zosuquidar Trihydrochloride, imported in bulk form, will be 2933.59.5300, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Other.” The general rate of duty will be 6.5 percent ad valorem. We note that, at the present time, the subject product is not listed in the Pharmaceutical Appendix to the Tariff Schedule.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

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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