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NY H89094





March 25, 2002

CLA-2-29:RR:NC:2:238 H89094

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.99.7000

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

RE: The tariff classification of Apomorphine Hydrochloride (CAS-41372-20-7; CAS-314-19-2 (anhydrous)), imported in bulk form, from the United Kingdom

Dear Mr. Chivini:

In your letter dated February 26, 2002, you requested a tariff classification ruling.

According to the 2001 edition of the USP Dictionary of USAN and International Drug Names, the subject product, Apomorphine Hydrochloride, is indicated for use as an emetic. According to articles found on the World Wide Web, Apomorphine Hydrochloride is also under investigation for use in the treatment of Parkinson’s disease and erectile dysfunction.

The preparation of Apomorphine Hydrochloride is described in the 18th edition of Remington’s Pharmaceutical Sciences as follows: “[B]y heating morphine in a closed tube with a great excess of HCL for 2 or 3 hr at a temperature of 140º to 150º. The elements of 1 mole of H20 are abstracted from the morphine, resulting in a change in the molecular structure (of the morphine molecule).” Accordingly, since the basic structure of the morphine molecule is lost in the synthesis of Apomorphine Hydrochloride, it is our determination that, for tariff purposes, Apomorphine Hydrochloride cannot be regarded as a derivative of an alkaloid obtained from opium (i.e., morphine). Headquarters Ruling Letter 085775, dated December 27, 1990.

The applicable subheading for Apomorphine Hydrochloride, imported in bulk form, will be 2933.99.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic: Drugs: Drugs primarily affecting the central nervous system: Other." The rate of duty will be 6.5 percent ad valorem. We note that, at present, the subject product is not listed in Tables 1 or 3 of the Pharmaceutical Appendix to the Tariff Schedule.

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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