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NY L83426




March 30, 2005

CLA-2-29:RR:NC:2:238 L83426

CATEGORY: CLASSIFICATION

TARIFF NO.: 2922.19.9590

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

RE: The tariff classification of Squalamine (CAS-148717-90-2), imported in bulk form, from France

Dear Mr. Chivini:

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

According to an article found on the ClinicalTrials.gov website, the subject product, Squalamine, is an investigational drug whose effectiveness in treating patients with Age-Related Macular Degeneration (AMD) is presently being evaluated in an FDA-regulated Phase II clinical trial that is expected to be completed in April 2005.

The applicable subheading for Squalamine, imported in bulk form, will be 2922.19.9590, Harmonized Tariff Schedule of the United States (HTS), which provides for “Oxygen-function amino-compounds: Amino-alcohols, other than those containing more than one kind of oxygen function: Other: Other: Other.” The rate of duty will be 6.5 percent ad valorem. We note that, at the present time, Squalamine 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 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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