HQ 084030
June 13,1989
CLA-2 CO:R C:G 084030 JGH
Tariff No: 2922.19.15
MS Alice M.White
S.S.T Corporation
635 Brighton Rd
P.O.BOX 1649
Clifton, N.J. 07015-1649
RE: Classification of Clomiphene Citrate.
Dear Ms. White:
This is in reference to you inquiry of February 22,
1989, concerning the classification under the Harmonized Tariff
Schedule of the United States (HTSUS) of clomiphene citrate.
FACTS:
Clomiphene Citrate is listed in subheading 9902.29.95,
HTSUS, as being provided for in subheading 2922.50.25, HTSUS, the
provision for other amino-alcohol-phenols, and duty-free
treatment is provided through 1992.
Issue:
Whether clomiphene citrate is duty free temporarily in
subheading 9902.29.95, HTSUS
LAW AND ANALYSIS:
Subheading 9902.29.95,HTSUS, lists clomiphene citrate as
being classifiable in subheading 2922.50.25,HTSUS, the provision
for amino-alcohol-phenols. However, we have been informed that
the chemical is a amino-alcohol classifiable in subheading
2922.19.15, HTSUS. Therefore until such time as subheading
9902.29.95, HTSUS, is amended to reflect the correct
classification, clomiphene citrate will not be entitled to duty
free status.
-2
We understand that the International Trade Commission is
taking steps to correct this error, and the correction will be
effective retroactively to January 1, 1989.
Holding:
Until such time as subheading 9902.29.95, HTSUS, is
amended, Clomiphene citrate, an amino-alcohol, is classifiable
under the provision for other amino-alcohols in subheading
2922.19.15, HTSUS. The rate of duty is 7.6 percent ad valorem.
Sincerely,
John Durant, Director
Commerical Rulings Division