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NY M81921




April 7, 2006

CLA-2-29:RR:NC:2:238 M81921

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.19.0000

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

RE: The tariff classification of Octreotide Acetate (CAS-79517-01-4), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated March 28, 2006, you requested a tariff classification ruling.

The subject product, Octreotide Acetate, is the acetate salt of octreotide, a cyclic octapeptide with pharmacologic properties mimicking those of somatostatin [a naturally occurring cyclic tetradecapeptide hormone that, among other things, inhibits the release of somatotropin (growth hormone), insulin, and glucagon]. At the present time, Octreotide Acetate serves as the active ingredient in two injectable medicaments indicated for the treatment of acromegaly, carcinoid tumors, and vasoactive intestinal peptide tumors (VIPomas).

The applicable subheading for Octreotide Acetate, imported in bulk form, will be 2937.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, used primarily as hormones: Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues: Other.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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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