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NY B85023

June 16, 1997

CLA-2-29:RR:NC:2:238 B85023


TARIFF NO.: 2934.90.3000

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089-4537

RE: The tariff classification of Levamisole Hydrochloride (CAS-16595-80-5), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated May 13, 1997, you requested a tariff classification ruling.

According to Goodman & Gilman's The Pharmacological Basis of Therapeutics (Ninth Edition), the subject product, Levamisole Hydrochloride, initially was synthesized as an anthelmintic agent. However, subsequent studies in human beings demonstrated that levamisole could increase delayed hypersensitivity and/or T-cell mediated immunity. Based on its immunostimulant properties, Levamisole has been used in Hodgkin's disease, rheumatoid arthritis, and, most recently, in adjuvant chemotherapy of colorectal cancer, although it is not completely clear whether or not the effect in the latter is immunologic.

The applicable subheading for Levamisole Hydrochloride, imported in bulk form, will be 2934.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Nucleic acids and their salts; other heterocyclic compounds: Other: Aromatic or modified aromatic: Other: Drugs." Pursuant to General Note 13, HTSUS, 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 (301) 443-6553.

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 Cornelius Reilly at 212-466-5770.


Gwenn Klein Kirschner

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