CLA-2 CO:R:C:F 951974 EAB
Deanne Benovitz, Ph.D.
Peptides International, Inc.
P.O. Box 24658
Louisville, Kentucky 40224
Re: polypeptides; hormones; Endothelin-1 (Human) CAS# 117399-
94-7, Endothelin-3 (Human) CAS# 117399-93-6, Big Endothelin-
1 (Human) CAS# 122462-75-3, LH-RH (Leuteinizing Hormone
Releasing Hormone) CAS# 71447-49-9; GRF (Human) CAS# 83930-
13-6; NY 872718 affirmed
Dear Dr. Benovitz:
This is in reply to your letter dated June 4, 1992, in which
you request, first, review of NY 872718 (April 10, 1992)
concerning the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) of several
chemicals identified therein pursuant to your correspondence
dated March 10, 1992, and, second, the classification of certain
other chemicals.
FACTS:
In NY 872718, Customs classified Endothelin-1 (Human) CAS#
117399-94-7, Endothelin-2 (Human) CAS# unknown, Endothelin-3
(Human) CAS# 117399-93-6, Big Endothelin-1 (Porcine) CAS# unknown
and Big Endothelin-1 (Human) CAS# 122462-75-3, all of which are
polypeptides, under subheading 2933.90.3700, HTSUSA, which
provides for other heterocyclic compounds with nitrogen hetero-
atom(s) only: products described in additional U.S. note 3 to
section VI, dutiable at the column 1 general rate of 13.5
percent.
You presently seek review of the classification of
Endothelin-1 (Human), Endothelin-3 (Human) and Big Endothelin-1
(Human) as well as a binding ruling on the classification of LH-
RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447-49-9 and
GRF (Human) CAS# 83930-13-6, the latter two chemicals also being
polypeptides.
You are of the opinion that all of the foregoing chemicals
are properly classifiable under heading 2937 as hormones.
ISSUE:
What is the classification under the HTSUSA of polypeptides
identified as Endothelin-1 (Human) CAS# 117399-94-7, Endothelin-
3 (Human) CAS# 117399-93-6, Big Endothelin-1 (Human) CAS# 122462-
75-3, LH-RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447-
49-9 and GRF (Human) CAS# 83930-13-6?
LAW AND ANALYSIS:
Merchandise imported into the U.S. is classified under the
HTSUSA. The tariff classification of merchandise under the
HTSUSA is governed by the principles set forth in the General
Rules of Interpretation (GRIs) and, in the absence of special
language or context which otherwise requires, by the Additional
U.S. Rules of Interpretation. The GRIs and the Additional U.S.
Rules of Interpretation are part of the HTSUSA 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 GRI's taken in order.
Explanatory Notes (ENs) to the Harmonized Commodity
Description and Coding System represent the official
interpretation of the Customs Cooperation Council on the scope of
each heading, and, although neither binding upon the contracting
parties to the Harmonized System Convention nor considered to be
dispositive interpretations, they should be consulted on the
proper scope of the System.
Heading 2937, HTSUSA, provides for "hormones, natural or
reproduced by synthesis; derivatives thereof, used primarily as
hormones; other steroids used primarily as hormones."
EN 29.37 indicates that chemicals classifiable under heading
2937 are such substances as are secretions usually of the
endocrine glands of humans or animals, but which also may
originate either in glands which are both endo- and exocrinal or
in various cellular tissues. Such "hormones", naturally
occurring or reproduced by synthesis, are capable of inhibiting
or stimulating the functioning of particular organs.
We find that only one substance, i.e. LH-RH, meets the
functional definition of "hormone" and is, therefore classifiable
under heading 2937.
We find that none of the remaining chemicals at issue is
described under heading 2937 inasmuch as no evidence has been
provided in your submission, nor have Customs laboratory and
scientific services personnel found support for the proposition,
that any of the substances are capable of inhibiting or
stimulating the functioning of particular organs.
Heading 2933 describes in part heterocyclic compounds with
nitrogen hetero-atom(s) only, and we find the remaining
polypeptides classifiable thereunder.
HOLDING:
LH-RH (Leuteinizing Hormone Releasing Hormone) CAS# 71447-
49-9 is classifiable under subheading 2937.10.0000, HTSUSA, a
provision for hormones, natural or reproduced by synthesis;
derivatives thereof, used primarily as hormones; other steroids
used primarily as hormones; pituitary (anterior) or similar
hormones, and their derivatives, and dutiable at the column 1
general rate of 1.8 percent ad valorem.
Endothelin-1 (Human) CAS# 117399-94-7, Endothelin-3 (Human)
CAS# 117399-93-6, Big Endothelin-1 (Human) CAS# 122462-75-3 and
GRF (Human) CAS# 83930-13-6 are classifiable under subheading
2933.90.8000, HTSUSA, a provision for heterocyclic compounds with
nitrogen hetero-atom(s) only; nucleic acids and their salts;
other; aromatic or modified aromatic; other; other: products
described in additional U.S. note 3 to section VI, and dutiable
at the column one general rate of 13.5 percent ad valorem.
Please note that this provision was renumbered from 2933.90.3700
to the present 2933.90.8000.
NYRL 872718 is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division