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NY M81231

March 17, 2006

CLA-2-29:RR:NC:2:239 M81231


TARIFF NO.: 2933.39.6190

Ms. Iliana Fuller
2525 Dupont Drive
P.O. Box 19534
Irvine, CA 92623-9534

RE: The tariff classification of FC 1692 Stage 6 from the United Kingdom.

Dear Ms. Fuller:

In your letter dated March 8, 2006, you requested a tariff classification ruling for FC 1692 Stage 6.

The subject product, presently identified by the code designation: “FC 1692 Stage 6,” is an investigational new drug Allergan intends to import, in bulk form, “to start (emphasis added) clinical trial under US IND 63,258.” The clinical trial(s) will be commenced to evaluate the product’s suitability for eventual use in the treatment of various acid-related disorders of the upper gastrointestinal tract. “FC 1692 Stage 6” has the following chemical name: {4-[5-methoxy-2-(4-methoxy-3,5-dimethyl-pyridin-2-ylmethanesulfinyl)-benzoimidazole-1-sulfonyl]-phenoxy}-acetic acid sodium salt.

Pursuant to the General Notice entitled Guidance Concerning the Tariff Classification of Pharmaceutical Products Imported for Clinical Research, published in the Customs Bulletin dated May 24, 2000, the applicable subheading for the subject compound, imported in bulk form, will be 2933.39.6190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for heterocyclic compounds with nitrogen hetero-atom(s) only: compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: other. The rate of duty will be 6.5 percent ad valorem.     Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Richard Dunkel at 646-733-3032.


Robert B. Swierupski

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