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NY N019627




November 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2932.29.5050

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland Street, Suite 303
Boston, MA 02129-1223

RE: The tariff classification of "EBL", imported in bulk form, from Japan

Dear Mr. Lynch:

In your letter dated November 8, 2007, on behalf of your client Vertex, you requested a tariff classification ruling for a product you describe as "EBL", chemically known as 5-Ethoxy-2(5H)-furanone. As indicated in your letter, the product is a specially synthesized pharmaceutical intermediate for use in the development of an investigational new drug. You also state that the product is available in two grades, crude and pure, and is not registered with the Chemical Abstract Service. Based on the chemical structure, the product is a heterocyclic compound, nonaromatic lactone.

The applicable subheading will be 2932.29.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for heterocyclic compounds with oxygen hetero-atom(s) only: lactones: other lactones: other: other. The rate of duty will be 3.7 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.

Sincerely,

Robert B. Swierupski
Director,

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