The tariff classification of organic compounds from Germany as prototypes under Heading 9817.85.01

N083110 November 20, 2009 CLA-2-98:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 9817.85.01 Ms. Vittoria Crea Boehringer Ingelheim 900 Ridgebury Road P.O. Box 0368 Ridgefield, CT 06877-0368 RE: The tariff classification of organic compounds from Germany as prototypes under Heading 9817.85.01 Dear Ms. Crea: In your letter dated October 28, 2009, you requested a tariff classification ruling on the applicability of subheading 9817.85.01, HTSUS, "Prototypes to be used exclusively for development, testing, product evaluation, or quality control purposes" for two organic compounds, BI 671800 HEA (CAS 1093112-50-9) and BI 671800 SE (CAS 1093108-50-9). The product, identified as BI 671800 HEA, is a compound chemically known as {4,6-Bisdimethylamino-2-(4-(4-(trifluoromethylbenzolamino)-benzyl]-pyrimidin-5-yl}-acetic acid chlorine salt. The product, identified as BI 671800 SE, is chemically known as {4,6-Bisdimethylamino-2-[4-(4-trifluoromethylbenzolamino)-benzyl]-pyrimidin-5-yl}-acetic acid. You state that both chemical compounds will be imported exclusively for use in testing and for research purposes to determine their potential utility in pharmacology, specifically in the treatment of asthma. You further state that the products are entirely in a developmental stage and will be imported in limited noncommercial quantities for use only in testing. Neither one of the products will be sold or incorporated into products that will be sold. Furthermore, the imported compounds are not subject to antidumping or countervailing duty orders. Based on the information provided, it is the opinion of this office that the importation of BI 671800 HEA and BI 671800 SE satisfy all the conditions delineated in U.S. Note 7, Chapter 98, Subchapter XVII, Harmonized Tariff Schedule of the United States, (HTSUS). Pursuant to Section XXII, Subchapter XVII, U.S. Note 7(a), (b) and (c), the applicable heading for the subject products will be 9817.85.01, HTSUS, which provides for "Prototypes to be used exclusively for development, testing, product evaluation, or quality control purposes." The rate of duty will be free.             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/. 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