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NY L83425




March 30, 2005

CLA-2-29:RR:NC:2:238 L83425

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.59.3600

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

RE: The tariff classification of Halofuginone (CAS-55837-20-2), imported in bulk form, from France

Dear Mr. Chivini:

In your letter dated March 7, 2005, you requested a tariff classification ruling.

The subject product, Halofuginone, is indicated for use as a coccidiostat in young chickens and turkeys. Halofuginone also received orphan drug designation from the FDA, in 2001, for the treatment of scleroderma. At the present time, the effectiveness of topically applied Halofuginone hydrobromide in treating patients who have HIV-related Kaposi’s sarcoma is being investigated in an FDA-regulated Phase II clinical trial.

The applicable subheading for Halofuginone, imported in bulk form, will be 2933.59.3600, 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: Anti-infective agents: Other.” Pursuant to General Note 13, HTS, 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 1-888-443-6332.

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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