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NY H86219




February 8, 2002

CLA-2-2:RR:NC:2:238 H86219

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100

Jack D. Mlawski, Esq.
Galvin & Mlawski
470 Park Avenue South
Suite 200 - South Tower
New York, NY 10016-6819

RE: The tariff classification of Etoricoxib (CAS-202409-33-4), imported in bulk form, from Singapore

Dear Mr. Mlawski:

In your letter dated December 3, 2001, on behalf of your client, Merck & Co., Inc., you requested a tariff classification ruling.

The subject product, Etoricoxib, is an investigational drug being developed for the treatment of osteoarthritis, rheumatoid arthritis and pain. You state in your letter that Etoricoxib has completed FDA Phase lll clinical trials, and that your client has submitted a New Drug Application (NDA) to the FDA.

Pursuant to Headquarters Ruling Letter HQ 963778 (Guidance Concerning the Tariff Classification of Pharmaceutical Products Imported for Clinical Research), the applicable subheading for Etoricoxib will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic comppounds 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. For the record, we note that the CAS number for the subject product, i.e., 202409-33-4, is not presently listed in Tables l or 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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