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NY L81824




January 5, 2005

CLA-2-98:RR:NC:2:238 L81824

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.85.01

Michael Jones, Ph.D.
Triangle Molecular, LLC
3710 Stoneycreek Rd.
Chapel Hill, NC 27514

RE: The tariff classification of the TM-102 Library from China

Dear Dr. Jones:

In your letter dated November 17, 2004, you requested a tariff classification ruling.

The subject product, designated as the TM-102 Library (“library”), will consist of approximately 25 heterocyclic compounds that have never before been synthesized. The library was developed and is intended solely for use in the earliest stages of drug-discovery research programs. The library will be imported directly by your firm, which will analyze them to determine their purity and authenticity. You indicate the possibility of licensing the library at some future date to another company. However, in this regard, any such licensing agreement would stipulate that the licensee is restricted solely to conducting further tests, and that the library could not be sub-licensed or sold.

As noted above, the TM-102 Library will be used solely for testing and research, and any potential license agreement will stipulate that the compounds comprising the library cannot be used for any known purpose other than initial-stage, drug-discovery research and development. Furthermore, the compounds will be imported in very limited, noncommercial quantities, in accordance with industry practice. Specifically, the quantity of each compound will typically be less than 5 grams. In addition, any potential licensing agreement will stipulate that these compounds cannot be resold or incorporated into other products after testing. Finally, because the compounds comprising the library are heterocyclic compounds that have never before been synthesized, it appears highly unlikely that any such compound would be subject to any type of specific import restriction. Accordingly, it is our determination, based on the information submitted by you, that the subject product satisfies the relevant provisions of U.S. Note 6(a), (b) and (c) to subchapter XVII of Chapter 98, HTSUS.

The applicable subheading for the TM-102 Library will be 9817.85.01, Harmonized Tariff of the United States (HTS), which provides for “Prototypes to be used exclusively for development, testing, product evaluation, or quality control purposes.” The rate of duty will be free.

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 (212) 637-3526.

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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