HQ 952784: hormones; Endothelin-1 (Human) CAS# 117399-94-7; Endothelin- 3 (Human) CAS# 117399-93-6; Big Endothelin-1 (Human) CAS# 122462-75-3; GRF (Human) CAS# 83930-13-6; NYRL 872718 modified; HRL 951974 modified

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 952784

                          March 8, 1993

CLA-2 CO:R:C:F 952784 EAB

CATEGORY: Classification

TARIFF NO.: 2937.99.8050

Deanne Benovitz, Ph.D.
Peptides International, Inc.
P.O. Box 24658
Louisville, Kentucky 40224

Re:  hormones; Endothelin-1 (Human) CAS# 117399-94-7; Endothelin-
     3 (Human) CAS# 117399-93-6; Big Endothelin-1 (Human) CAS#
     122462-75-3; GRF (Human) CAS# 83930-13-6; NYRL 872718
     modified; HRL 951974 modified

Dear Dr. Benovitz:

     This is in reply to your letter dated October 23, 1992, in
which you request review of our ruling HRL 951974 (October 8,
1992), in which we affirmed NYRL 872718 (April 10, 1992) concerning
the classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) of certain chemicals.

FACTS:

     Briefly stated, in HRL 951974, supra, Customs classified
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 under heading 2933, HTSUSA, which provides
for other heterocyclic compounds with nitrogen hetero-atom(s) only. 
Classification under heading 2933 was based upon the chemical
structure of the substances and the lack of evidence supporting the
proposition that any of those substances were capable of inhibiting
or stimulating the functioning of particular organs.

     You are of the opinion that all of the foregoing chemicals are
a new group of hormones secreted by endocrine or exocrine glands
or cellular tissue and are capable of inhibiting or stimulating the
function of particular organs; therefore, all of the foregoing
chemicals are "hormones" of heading 2937.

     In support of your position, you have submitted copies of the
following:

     Doherty, Endothelin: A New Challenge, 35 J. MEDICINAL CHEM.
     1493-1508 (1992);

     Kon, Suguira, Inagami, Harvie, Ichikawa & Hoover, Role of
     Endothelin in Cyclosporine-induced Glomerular Dysfunction, 37
     KIDNEY INT. 1487-1491 (1990);

     Liu, Shiue & Tam, A Novel Strategy for the Deprotection of S-
     acetamidomethyl Containing Peptides: An Approach to the
     Efficient Synthesis of Endothelin, 11 PROCEEDINGS OF THE
     ELEVENTH AMERICAN PEPTIDES SYMPOSIUM 271-273 (1990); and

     Yanagasawa, Kurihara, Kimura, Tomobe, Kobayashi, Mitsui,
     Yazaki, Goto and Masaki, A Novel Potent Vasoconstrictor
     Produced by Vascular Endothelial Cells, 332 NATURE 411-415
     (1988).

ISSUE:

     What is the classification under the HTSUSA of 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?

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 GRIs taken in order.

     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.

     In consideration of the additional scientific evidence that
has been presented on the issue, we find that the substances meet 

the functional definition of "hormone" and are, therefore,
classifiable under heading 2937.

HOLDING:

     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
2937.99.8050, HTSUSA, a provision for hormones, natural or
reproduced by synthesis; derivatives thereof, used primarily as
hormones; other steroids used primarily as hormones; other hormones
and their derivatives; other steroids used primarily as hormones;
other; other; other; other and dutiable at the column one general
rate of 3.2 percent ad valorem.

     NYRL 872718 and HRL 951974 are modified in accordance with
this ruling.

                            Sincerely,



                            John Durant, Director
                            Commercial Rulings Division