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NY N027234




May 9, 2008

CLA-2-29:OT:RR:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.49.2600

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Butorphanol Tartrate (CAS- 58786-99-5) imported in bulk form, from India

Dear Mr. Tartaro:

In your letter dated April 29, 2008, you requested a tariff classification ruling.

The subject product, Butorphanol Tartrate, is a synthetic opioid analgesic, belonging to the group of compounds known as morphinans. Although the morphinans are similar in structure to the analogues of morphine, they lack, inter alia, the “E” (tetrahydrofuran) ring found in the naturally occurring opioids.

Pursuant to the Explanatory Notes to heading 2939, HTS, the applicable subheading for Butorphanol Tartrate, imported in bulk form, will be 2933.49.2600, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing in the structure a quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused: Other: Other: Drugs: Other. Pursuant to General Note 13, HTS, 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 product may be subject to the requirements of the Controlled Substances Act, which are enforced by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. You may contact them at 2401 Jefferson Davis Highway, Alexandria, VA 22301, telephone (800) 882-9539.

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
Director,

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