CLA-2-29:OT:RR:NC:2:235
Mr. John M. Peterson
17 State Street 19th Floor
New York, N.Y. 10004
RE: The tariff classification of Bopta Datapenta, Penta, from Italy
Dear Mr. Peterson:
In your letter dated April 6, 2009 you requested a tariff classification ruling on behalf of E-Z-EM Canada, Inc.
The subject product, Bopta Datapenta, Penta (BDP) (CAS # 113786-33-7), is an organic compound which is chemically known as 4-Carboxy-5-8-11-tris (carboxymethyl)-1-phenyl-2-oxa-5,8,11-triaza-tridecen-13-oic acid. It is also known as 3,6,9 triaza-12-oxa-3,6,9-tricarboxymethylene-10-carboxy-13-phenyl-tridecanoic acid. Your letter states that BDP is a substitution derivative of decanoic acid and is an amino compound with oxygen function. BDP is used in the production of GD (Gadolinium)-Bopta, which you indicate is an important imaging agent used in magnetic resonance imaging (MRI) and similar diagnostic and radiological applications. A chemical structure included in your request shows the compound to have an aromatic structure. You also suggest the correct classification to be 2922.50 under the Harmonized Tariff Schedule. Consultation with the Customs and Border Protection Laboratory confirms the product is an aromatic amino compound with alcohol and carboxylic acid function.
The applicable subheading for the “Bopta Datapenta, Penta” will be 2922.50.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Amino-alcohols-phenols, amino-acid-phenols and other amino-compounds with oxygen function: Other.” The duty rate will be 6.5 percent ad valorem.
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division