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HQ 954922

June 21, 1995

CLA-2 CO:R:C:F 954922 ASM


TARIFF NO.: 2933.59.3600

Regional Commissioner of Customs c/o Protest and Control Section
6 World Trade Center
Room 761
New York, NY 10048-0945

RE: Application for Further Review of Protest No. 1001-93- 102686, dated May 5, 1993, concerning the tariff classification of Bulk Epsiprantel; CAS 98123-83-2;

Dear Sir:

This is a decision on a protest filed May 5, 1993, against the decision of Customs New York, JFK Airport, in the classification of merchandise liquidated on February 26, 1993.


On August 31, 1992, entry was made of a carton of epsiprantel under subheading 3004.90.6003, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), a provision for "Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other, For veterinary use" dutiable at 6.3 percent ad valorem.

At liquidation, Customs classified this product under subheading 2933.59.4500, HTSUSA , "Heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic acids and their salts: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure; nucleic acids and their salts: Other: Drugs: Aromatic or modified aromatic: Antidepressants, tranquilizers and other psychotherapeutic agents" dutiable at 16.6 percent ad valorem.

In the protest, it is asserted that the merchandise, bulk epsiprantel, is an animal drug used for deworming. The protestant further asserts that epsiprantel contains no pyrimidine ring or piperazine ring and is properly classifiable under HTSUSA subheading 2933.90.7500 as a "Heterocyclic compound with nitrogen hetero-atom(s) only; nucleic acids and their salts: Other: Aromatic or modified aromatic: Other: Drugs: Other" dutiable at 6.9 percent ad valorem.


What is the proper classification under the HTSUSA of bulk epsiprantel , CAS 98123-83-2?


Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI's). The systemic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may then be applied. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN's), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's.

According to New York Customs laboratory report #94-14, dated October 12, 1993, this product, epsiprantel, contains a fused piperazine ring. In addition to having a fused piperazine ring, the chemical structure of this compound reveals that it also contains a seven-membered heterocyclic ring (with one nitrogen hetero-atom). Heading 2933, HTSUSA, includes heterocyclic compounds with nitrogen hetero-atoms only. Epsiprantel is such a heterocyclic compound in that it contains both a piperazine ring, which is a type of nitrogen heterocycle, and another heterocyclic ring not specified in the six-digit structure to heading 2933.

The subheadings at issue are 2933.59, HTSUSA. which includes "Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure; nucleic acids and their salts;" and 2933.90, HTSUSA, "Other." In this case, epsiprantel contains a piperazine ring which is classifiable in subheading 2933.59, HTSUSA. and it is our determination that epsiprantel would be, therefore, precluded from any other subheading, including subheading 2933.90, HTSUSA. We therefore regard subheading 2933.90 as including only those heterocyclic compounds that do not contain one of the ring systems specified in the prior subheadings. Thus, Chapter 29, Note 3 does not apply because epsiprantel is not classifiable in more than one subheading in the Chapter.

With respect to the classification of bulk epsiprantel at the eight and ten-digit levels, we note that the Customs laboratory report states that this product is used as an anthelmintic drug. Based on Remington's Pharmaceutical Sciences, 18th Edition (chapter 63, pg.1242), anthelmintics act on parasitic infections which makes epsiprantel an "anti- infective" drug. As such, this product is specifically classifiable under subheading 2933.59.3600, HTSUSA, which provides for heterocyclic compounds "Drugs: Anti-infective agents: Other." Relevant to our determination to classify this product at subheading 2933.59 is the fact that the Harmonized System Committee has classified epsiprantel under subheading 2933.59, in the Harmonized System international nomenclature.


The product, epsiprantel (CAS 98123-83-2) is properly classified under subheading 2933.59.3600, HTSUSA, a provision for "Heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic acids and their salts: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure; nucleic acids and their salts: Other Drugs: Other" which is subject to the column 1 general rate of duty of 8.1 percent ad valorem.

The protest should be denied except to the extent reclassification of the merchandise as indicated above results in a partial allowance.

In accordance with Section 3A(11) (b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act, and other public access channels.

A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.


John Durant, Director

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