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NY F85808





April 13, 2000

LA-2-29:RR:NC:2:238 F85808

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.40.2600

Barbara Dawley, Esq.
Meeks & Sheppard
1735 Post Road, Suite 4
Fairfield, CT 06430

RE: The tariff classification of “R115777” (CAS-192185-72-1), imported in bulk form, from Belgium

Dear Ms. Dawley:

In your letter dated March 30, 2000, on behalf of your client, Janssen Pharmaceutica, Inc., you requested a tariff classification ruling.

The subject product, “R115777,” is your client’s research number for (R)-6-[amino(4-chlorophenyl)(1-methyl-1H-imidazol-5-yl)methyl]-4-(3-chlorophenyl)-1-methyl-2(1H)-quinolinone. The compound contains, in addition to two chlorinated benzene rings, an unfused imidazole ring and an unfused quinoline ring in in its structure.

You have indicated, in a fax dated April 6, 2000, addressed to a member of my staff, that the subject compound is presently undergoing clinical testing and evaluation in Phase 2 human clinical trials, in order to determine its efficacy for use as a drug in the treatment of pancreatic cancer.

Pursuant to Note 3 to Chapter 29, HTS, the applicable subheading for “R115777”, imported in bulk form, will be 2933.40.2600, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused: Other: Drugs: Other." The rate of duty will be 6.5 percent ad valorem. We note that, at the present time, this compound is not listed in Table 1 or Table 3 of 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 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.

Sincerely,

Robert B. Swierupski

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