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

Mr. Christopher Colford
Mitsui & Co. (U.S.A.), Inc.
200 Park Avenue
New York, NY 10166

RE: The tariff classification of Trans-4-dimethylaminocrotonic acid hydrochloride, CAS No. 848133-35-7, 2-Cyano-N-(2,4-dichloro-5-methoxyphenyl) acetamide, CAS No. 846023-24-3, 1,3,2-Dioxaborinane-5-carboxylic acid, 5-methyl-2-phenyl-, CAS No. 839720-60-4, and N-Boc-trans-4-amino-L-proline methyl ester, hydrochloride salt, CAS No. 334999-32-5, from India, China or Japan

Dear Mr. Colford:

In your letter dated Novermber 3, 2008, you requested a tariff classification ruling.

The first product, Trans-4-dimethylaminocrotonic acid hydrochloride, also known as 2-Butenoic acid, 4-(dimethylamino)-, hydrochloride (2E)-, is a salt of a nonaromatic amino acid compound. The second product, 2-Cyano-N-(2,4-dichloro-5-methoxyphenyl) acetamide, is an aromatic nitrile-function compound. The third product, 1,3,2-Dioxaborinane-5-carboxylic acid, 5-methyl-2-phenyl-, is an aromatic organo-inorganic compound. The fourth product, N-Boc-trans-4-amino-L-proline methyl ester, hydrochloride salt, also known as Methyl trans-3-amino-1-Boc-5-pyrrolidinecarboxylate HCL, is a nonaromatic heterocyclic compound with nitrogen hetero-atoms. You indicate that all four products will be packaged in bulk for use as pharmaceutical intermediates.

The applicable subheading for Trans-4-dimethylaminocrotonic acid hydrochloride will be 2922.49.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Oxygen-function, amino-compounds: Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Other: Other: Other: Other. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for 2-Cyano-N-(2,4-dichloro-5-methoxyphenyl) acetamide will be, 2926.90.4300, HTSUS, which provides for Nitrile-function compounds: Other: Aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for 1,3,2-Dioxaborinane-5-carboxylic acid, 5-methyl-2-phenyl- will be 2931.00.3000, HTSUS, which provides for Other organo-inorganic compounds: Aromatic: Other: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent ad valorem. 

The applicable subheading for N-Boc-trans-4-amino-L-proline methyl ester, hydrochloride salt will be 2933.99.9700, HTSUS, which provides for Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Other: Other: 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/.

Articles classifiable under subheadings 2922.49.8000 and 2933.99.9700, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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
National Commodity Specialist Division