HQ 084030: Classification of Clomiphene Citrate.

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 084030

                                        June 13,1989

          CLA-2 CO:R C:G 084030 JGH
          CATEGORY: Classification

          Tariff No: 2922.19.15

          MS Alice M.White
          S.S.T Corporation
          635 Brighton Rd
          P.O.BOX 1649
          Clifton, N.J. 07015-1649

          RE: Classification of Clomiphene Citrate.

          Dear Ms. White:

                   This is in reference to you inquiry of February 22,
          1989, concerning the classification under the Harmonized Tariff
          Schedule of the United States (HTSUS) of clomiphene citrate.

          FACTS:
                   Clomiphene Citrate is listed in subheading 9902.29.95,
          HTSUS, as being provided for in subheading 2922.50.25, HTSUS, the
          provision for other  amino-alcohol-phenols, and duty-free
          treatment is provided through 1992.

          Issue:
                   Whether clomiphene citrate is duty free temporarily in
          subheading 9902.29.95, HTSUS

          LAW AND ANALYSIS:

                   Subheading 9902.29.95,HTSUS, lists clomiphene citrate as
          being classifiable in subheading 2922.50.25,HTSUS, the provision
          for amino-alcohol-phenols. However, we have been informed that
          the chemical is a amino-alcohol classifiable in subheading
          2922.19.15, HTSUS. Therefore until such time as subheading
          9902.29.95, HTSUS, is amended to reflect the correct
          classification, clomiphene citrate will not be entitled to duty
          free status.


















                                         -2


                   We understand that the International Trade Commission is
          taking steps to correct this error, and the correction will be
          effective retroactively to January 1, 1989.

          Holding:

                   Until such time as subheading 9902.29.95, HTSUS, is
          amended, Clomiphene citrate, an amino-alcohol, is classifiable
          under the provision for other amino-alcohols in subheading
          2922.19.15, HTSUS. The rate of duty is 7.6 percent ad valorem.


                                        Sincerely,




                                        John Durant, Director
                                        Commerical Rulings Division