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NY I83268

September 20, 2002

CLA-2-29:RR:NC:2:239 I83268


TARIFF NO.: 2932.29.5050

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

RE: The tariff classification of 9-(S)-9-amino-9-deoxo-erythromycin (CAS-26116-56-3) from China

Dear Mr. Chivini:

In your letter dated May 21, 2002, you requested a tariff classification ruling. We rgret the delay in responding.

The subject product, 9-(S)-9-amino-9-deoxo-erythromycin, which you refer to in your letter as “9-(S)-aminoerythromycin,” is chemically known as Erythromycylamine. You state in your letter that the subject compound will be used in research and development.

According to the scientific literature, Erythromycylamine is the active metabolite of Dirithromycin, a semisynthetic macrolide derivative of the naturally occurring macrolide antibiotic, Erythromycin. Upon its oral administration to the patient, Dirithromycin is converted by nonenzymatic hydrolysis into Erythromycylamine during intestinal absorption. For the record, we are unable to find any evidence in the scientific literature that Erythromycylamine, per se, is secreted by living microorganisms. Furthermore, notwithstanding its close structural relationship to Dirithromycin, we are unable to find any evidence in the scientific literature that Erythromycylamine, per se, is used as an antibiotic at the present time. Explanatory Notes to heading 2941, HTS.

The applicable subheading for Erythromycylamine will be 2932.29.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Lactones: Other lactones: Other: Other.” The rate of duty will be 3.7 percent ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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.


Robert B. Swierupski

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