Decision on Application for Further Review of Protest No. 0901-9-750017, on the classification of 2', 3' -Dideoxyadenosine.

HQ 086041 January 29,1990 CLA -2 CO:R:C:G 086041 JGH CATEGORY: Classification TARIFF NO.: District Director of Customs U.S. Customs Service 111 West Huron Street Buffalo, New York 14202 RE: Decision on Application for Further Review of Protest No. 0901-9-750017, on the classification of 2', 3' -Dideoxyadenosine. Dear Sir: FACTS: The chemical product, 2', 3'- Dideoxyadenosine (DDA) is a nucleoside derivative, described as an antiviral with utility in the treatment of retroviral infections, including AIDS. ISSUE: Whether DDA is classifiable as a drug in item 439.50, Tariff Schedules of the United States (TSUS), or the provision for other nitrogenous compounds in item 425.52, TSUS. LAW AND ANALYSIS: At one time, it had been Customs position on the classification of DDA, that its chief use had not been established, so that it would not be classified as a drug. However, subsequent investigation developed its antiviral activity and its utility in the treatment of AIDS. It is now asserted that there is no other use for the product than as a drug. -2- DDA is classifiable under the provision for other drugs, in item 439.50,TSUS. HOLDING: You are directed to allow the protest in full. The protestant should be furnished a copy of this decision with the Form 19 Notice of Action. Sincerely, John Durant, Director Commerical Rulings Division 6 cc: A.D., N.Y. Seaport hurley library/peh 086041