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NY R02705




November 4, 2005

CLA-2-98:RR:NC:2:238 R02705

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.85.01

Mr. Eric Gricius
Barbeau Pharma, Inc.
790 W. Frontage Road
Northfield, IL 60093

RE: The tariff classification of pharmaceutical compounds for use exclusively in the early stages of drug discovery testing and research

Dear Mr. Gricius:

In your letter dated October 18, 2005, you requested a tariff classification ruling on imported pharmaceutical compounds currently being synthesized abroad, to determine whether or not they will qualify for classification as “prototypes” under subheading 9817.85.01, HTS.

Barbeau Pharma, Inc., is engaged in the research, testing, development and manufacture of pharmaceutical products, and will be importing an unspecified number of pharmaceutical compounds (presumably, novel organic compounds that have never before been synthesized) for use exclusively in the early stages of drug discovery testing and research. These compounds will be tested to determine if they possess properties that may be of interest for further pharmaceutical research and development. They are originals of articles in the preproduction stage, and will be imported in limited, noncommercial quantities. They will not be sold after importation into the U.S., or incorporated into products that are sold, and are not subject to quantitative or other restrictions. Compounds found to be promising would undergo additional testing and modification, with each test becoming more stringent. Eventually, some compounds will be identified as appropriate for testing on animals and, subsequently, depending on the results of those animal studies, for evaluation in human clinical trials.

Pursuant to Section XXII, Subchapter XVII, U.S. note 6(a), (b) and (c), the applicable subheading for the subject merchandise will be 9817.85.01, Harmonized Tariff Schedule of the United States (HTS), which provides for “Prototypes to be used exclusively for development, testing, product evaluation, or quality control purposes.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

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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