HQ 955493: Modification of New York Ruling Letter 834698 concerning thetariff classification of the drug, Dicyclomine hydrochloride,from Italy.

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.

                        September 26, 1994

                            HQ 955493

CLA-2   CO:R:C:F   955493   ASM

CATEGORY:  Classification

TARIFF NO.:  2922.19.5000

Mr. Alvin Silvey
Silvey Shipping Co., Inc.
Bldg. 75, Suite 211
North Hangen Road
Jamaica, NY  11430

RE:  Modification of New York Ruling Letter 834698 concerning the
tariff classification of the drug, Dicyclomine hydrochloride,
from Italy.

Dear Mr. Silvey:

     In New York Ruling Letter (NYRL) 834698, issued January 11,
1989, the drug, Dicyclomine hydrochloride, imported from Italy,
was classified under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).  We have reviewed that ruling and have
found it to be in error, only with respect to the classification
of Dicyclomine hydrochloride.  

     Pursuant to section 625, Tariff Act of 1930 (19 U.S.C.
1625), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186
(1993) (hereinafter, "section 625"), notice of the proposed
revocation of NYRL 834698 was published August 10, 1994, in the
Customs Bulletin, Volume 28, Number 32.
 
FACTS:

       In NYRL 834698, the subject product, Dicyclomine
hydrochloride, was classified in subheading 2922.19.1500, HTSUSA,
which provides for:  "Oxygen-function amino-compounds:  Amino-
alcohols, their ethers and esters, other than those containing
more than one kind of oxygen function; salts thereof:  Other: 
Aromatic:  Drugs:  Other."  We have reviewed that ruling and have
found it to be in error.  The correct classification follows.

ISSUE:

     What is the proper classification under the HTSUSA of the
drug, Dicyclomine hydrochloride (CAS-67-92-5)?
                              - 2 -


LAW AND ANALYSIS:

     Classification under the HTSUSA is made in accordance with
the General Rules of Interpretation (GRI's).  As stated in GRI 1,
the classifiation is determined first in accordance with the
terms of the headings which must be read in conjunction with the
relative section and chapter notes.  If GRI 1 fails to classify
the goods and if the heading and legal notes do not otherwise
require, the remaining GRI's are applied in their appropriate
order. 

     Consultation with the New York Customs laboratory has
confirmed that Dicyclomine hydrochloride is not an aromatic
compound within the meaning of Section VI, Additional U.S. Note
2(a), HTSUSA.  Therefore, it is our determination that, based on
its chemical structure, Dicyclomine hydrochloride is, in fact,
properly classifiable in subheading 2922.19.5000, HTSUSA.

HOLDING:

     In view of the foregoing, the product known as, Dicyclomine
hydrochloride, is classified in subheading 2922.19.5000, HTSUSA,
the provision for "Oxygen-function amino-compounds:  Amino-
alcohols, their ethers and esters, other than those containing
more than one kind of oxygen function; salts thereof:  Other: 
Other."  Accordingly, NYRL 834698, dated January 11, 1989, is
hereby modified.

     In accordance with section 625, this ruling will become
effective 60 days after publication in the Customs Bulletin. 
Publication of rulings or decisions pursuant to section 625 does
not constititute a change of practice or position in accordance
with section 177.10 (c)(1), Customs Regulations (19 CFR
177.10(c)(1)).
                         
                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division