Classification of Clomiphene Citrate.

HQ 084030 June 13,1989 CLA-2 CO:R C:G 084030 JGH CATEGORY: Classification 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