CLA-2-29:OT:RR:NC:N3:140
Mr. Robert A. Boss
Mohawk Global Logistics
4 Automation Lane Suite 250
Albany, NY 12205
RE: The tariff classification of 2-(3-fluoro-4(methylcarbamoyl)phenylamino)-2-Methyl Propanoic acid (CAS # 1289942-66-0) from China
Dear Mr. Boss:
In your letter dated May 06, 2019, you requested a tariff classification ruling on behalf of AMRI Rensselaer.
The subject product is called 2-(3-fluoro-4(methylcarbamoyl)phenylamino)-2-Methyl Propanoic acid (CAS #: 1289942-66-0). It is also known as N-[3-Fluoro-4-[(Methylamino)carbonyl]phenyl]-2-Methylalanine, and 2-[3-fluoro-4-(methylcarbamoyl) anilino]-2-methylpropanoic acid. In your request letter you also refer to it as (MDV3100 Compound 4).
In your request you state that: “MDV3100 Compound 4 is a raw material which is used in the manufacture of chemical intermediate MDV3100 Compound 5. MD V3100 Compound 4 is completely consumed and is irreversibly converted. MDV3100 Compound 5 is used as a raw material for the manufacture of MDV3100 (Enzalutamide) which is an Active Pharmaceutical Ingredient. MDV3100 Compound 4 is not sold or distributed in any way by AMRI. MDV3100 Compound 5 is the second step of 4 before we can reach the final active ingredient. All steps are irreversibly converted. Compound 4 is a feedstock raw material. It can be described as an amino acid derivative, or a substituted amino benzamide. It has no biological activity or usefulness except as a building block for the synthesis of more complex molecules.”
You suggest that the instant product should be classified in Heading 2924, under the breakout for fast color bases. Based on the production process, and the chemical description that you provided in your request, we disagree with the subheading breakout suggested in your letter. The instant product is not a fast color base, but is a raw material and chemical intermediate used in production.
The applicable subheading for the 2-(3-fluoro-4(methylcarbamoyl)phenylamino)-2-Methyl Propanoic acid (CAS # 1289942-66-0) will 2924.29.7100, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxyamide-function compounds; amide function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other:Aromatic: Other: The general rate of duty will be 6.5 percent ad valorem
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20([x]), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.03 and classified in one of the subheadings enumerated in U.S. note 20([x]) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.03.
Products of China classified under subheading 2924.29.7100, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2924.29.7100, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division