Modification of New York Ruling Letter 834698 concerning thetariff classification of the drug, Dicyclomine hydrochloride,from Italy.

September 26, 1994 HQ 955493 CLA-2 CO:R:C:F 955493 ASM CATEGORY: Classification TARIFF NO.: 2922.19.5000 Mr. Alvin Silvey Silvey Shipping Co., Inc. Bldg. 75, Suite 211 North Hangen Road Jamaica, NY 11430 RE: Modification of New York Ruling Letter 834698 concerning the tariff classification of the drug, Dicyclomine hydrochloride, from Italy. Dear Mr. Silvey: In New York Ruling Letter (NYRL) 834698, issued January 11, 1989, the drug, Dicyclomine hydrochloride, imported from Italy, was classified under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have reviewed that ruling and have found it to be in error, only with respect to the classification of Dicyclomine hydrochloride. Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter, "section 625"), notice of the proposed revocation of NYRL 834698 was published August 10, 1994, in the Customs Bulletin, Volume 28, Number 32. FACTS: In NYRL 834698, the subject product, Dicyclomine hydrochloride, was classified in subheading 2922.19.1500, HTSUSA, which provides for: "Oxygen-function amino-compounds: Amino- alcohols, their ethers and esters, other than those containing more than one kind of oxygen function; salts thereof: Other: Aromatic: Drugs: Other." We have reviewed that ruling and have found it to be in error. The correct classification follows. ISSUE: What is the proper classification under the HTSUSA of the drug, Dicyclomine hydrochloride (CAS-67-92-5)? - 2 - LAW AND ANALYSIS: Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI's). As stated in GRI 1, the classifiation is determined first in accordance with the terms of the headings which must be read in conjunction with the relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied in their appropriate order. Consultation with the New York Customs laboratory has confirmed that Dicyclomine hydrochloride is not an aromatic compound within the meaning of Section VI, Additional U.S. Note 2(a), HTSUSA. Therefore, it is our determination that, based on its chemical structure, Dicyclomine hydrochloride is, in fact, properly classifiable in subheading 2922.19.5000, HTSUSA. HOLDING: In view of the foregoing, the product known as, Dicyclomine hydrochloride, is classified in subheading 2922.19.5000, HTSUSA, the provision for "Oxygen-function amino-compounds: Amino- alcohols, their ethers and esters, other than those containing more than one kind of oxygen function; salts thereof: Other: Other." Accordingly, NYRL 834698, dated January 11, 1989, is hereby modified. In accordance with section 625, this ruling will become effective 60 days after publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constititute a change of practice or position in accordance with section 177.10 (c)(1), Customs Regulations (19 CFR 177.10(c)(1)). Sincerely, John Durant, Director Commercial Rulings Division