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March 8, 1999

CLA-2-29:RR:NC:2:238 D88196


TARIFF NO.: 2939.50.0000

Ms. Joan von Doehren
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Proxyphylline (CAS No. 603-00-9), imported in bulk form, from China

Dear Ms. von Doehren:

In your letter dated January 29, 1999, you requested a tariff classification ruling.

According to The Merck Index (12th ed.), the subject product, Proxyphylline, 3,7-Dihydro-7-(2-hydroxypropyl)-1,3-dimethyl-1H-purine-2,6-dione, is prepared by refluxing 1-chloro-2-propanol with theophylline (a naturally occurring xanthine alkaloid present in small amounts in tea) in an alkaline medium. Although Proxyphylline is therapeutically characterized in The Merck Index as a bronchodilator and vasodilator, you state that it will be used to make coatings for lithographic printing plates, and in the manufacture of cosmetics.

The applicable subheading for Proxyphylline, imported in bulk form, will be 2939.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: “[V]egetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Theophylline and aminophylline (Theophylline-ethylenediamine) and their derivatives; salts thereof.” 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 301-443-1544.

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 212-637-7068.


Robert B. Swierupski

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