Luteinizing hormone-releasing hormone (CAS # 71447-49-9); HQ 951974 revoked

HQ 962219 May 20, 1999 CLA-2 RR:CR:GC 962219 MGM CATEGORY: Classification TARIFF NO.: 2937.99.95 Deanne Benovitz, Ph.D. Peptides International, Inc. P.O. Box 24658 Louisville, Kentucky 40224 RE: Luteinizing hormone-releasing hormone (CAS # 71447-49-9); HQ 951974 revoked Dear Dr. Benovitz: This office has determined that Headquarters Ruling Letter (HQ) 951974, issued to you on October 8, 1992, concerning the tariff classification of several biologically active chemical compounds, is in error as to the classification of luteinizing hormone-releasing hormone (LH-RH). In HQ 951974, Customs ruled that LH-RH would be properly classified under subheading 2937.10.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pituitary (anterior) or similar hormones, and their derivatives. Upon further review of HQ 951974, Customs has discovered an error in the classification of LH-RH. This product should have been classified in subheading 2937.99.95, HTSUS which provides for other hormones and their derivatives...: other: other. As the classification of LH-RH specified in HQ 951974 is in error,it is revoked for the reasons set forth in this ruling. It is noted that in HQ 952784, issued to you on March 8, 1993, HQ 951974 was modified as it pertained to the classification of the described chemical compounds other than LH-RH. FACTS: LH-RH, also known as gonadorelin, is a hormone produced in the hypothalamus which stimulates the secretion of the pituitary hormones luteinizing hormone (LH) and follicle-stimulating hormone (FSH). The Merck Index, 12th ed. LH-RH is a decapeptide, that is, it contains ten amino acid residues and has the formula C55H75N17 O13. LH-RH hydrochloride is used in evaluating hypothalmic-pituitary gonadotropic function. The Physician’s Desk Reference, 1997, at 2996. ISSUE: Whether LH-RH is classified in subheading 2937.10.00, HTSUS, the provision for pituitary (anterior) or similar hormones, and their derivatives or in subheading 2937.99.95, HTSUS, the residual provision. LAW AND ANALYSIS: Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in their appropriate order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs. This matter is governed by GRI 6, in that the choice in classification is between two subheadings within heading 2937, HTSUS. Subheading 2937.10.00, HTSUS, provides for “pituitary (anterior) or similar hormones, and their derivatives” while subheading 2937.99.95, HTSUS, provides for “other hormones and their derivatives...: other: other.” LH-RH is a neurohumoral hormone produced in the hypothalamus. Upon release, it causes the pituitary gland to release luteinizing hormone and follicle stimulating hormone, hormones which control development in children and fertility in adults. Complete Drug Reference, 1997 Ed., United States Pharmacopeia; Merck Index 12th ed. As a hormone, LH-RH must be classified in one of the three subheadings of heading 2937, HTSUS: pituitary hormones, adrenal cortical hormones, or other. Inasmuch as it is produced in the hypothalamus, LH-RH HCl is not properly classified as a pituitary hormone. Nor is LH-RH properly classified as an adrenal cortical hormone, thus it falls in the residual provision. Within the residual provision, LH-RH is best classified in subheading 2937.99.95, HTSUS, as “other: other” because it is neither insulin nor an estrogen and it is not otherwise specifically provided for by an eo nomine provision in subheading 2937.99. This is consistent with HQ 960397, dated July 30, 1998, which classified the luteinizing hormone-releasing hormone (hydrochloride salt), LH-RH HCl (CAS # 51952-41-1), as an other: other: other hormone of subheading 2937.99.95, HTSUS. HOLDING: Luteinizing hormone-releasing hormone is properly classified in subheading 2937.99.95, HTSUS. HQ 951974 is revoked. Sincerely, John Durant, Director Commercial Rulings Division