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NY G85956




January 25, 2001

CLA-2-29:RR:NC:2:238 G85956

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100

Robert J. Leo, Esq.
Meeks & Sheppard
330 Madison Avenue, 39th Floor
New York, NY 10017

RE: The tariff classification of R149524, imported in bulk form, from Belgium

Dear Mr. Leo:

In your letter dated December 28, 2000, on behalf of your client, Janssen Pharmaceutica Products, LP, you requested a tariff classification ruling.

The subject product, presently designated as R149524, is an investigational new drug (IND #60,186) currently undergoing Phase II clinical trials in the U.S. to evaluate its efficacy in the treatment of gastroesophageal reflux disease and diabetic gastroparesis.

Pursuant to the general notice concerning guidance in the tariff classification of pharmaceutical products imported for clinical research (see Customs Bulletin and Decisions, Vol. 34, No. 21, May 24, 2000), the applicable subheading for the subject product will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other." The rate of duty will be 6.5 percent ad valorem.

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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