HQ 086041: Decision on Application for Further Review of Protest No. 0901-9-750017, on the classification of 2', 3' -Dideoxyadenosine.

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 086041


                                  January 29,1990

          CLA -2 CO:R:C:G 086041 JGH

          CATEGORY: Classification

          TARIFF NO.:

          District Director of Customs
          U.S. Customs Service
          111 West Huron Street
          Buffalo, New York  14202

          RE: Decision on Application for Further Review of Protest
              No. 0901-9-750017, on the classification of 2', 3'
              -Dideoxyadenosine.

          Dear Sir:

          FACTS:

                The chemical product, 2', 3'- Dideoxyadenosine (DDA) is
          a nucleoside derivative, described as an antiviral with utility
          in the treatment of retroviral infections, including AIDS.

          ISSUE:

                Whether DDA is classifiable as a drug in item 439.50,
          Tariff Schedules of the United States (TSUS), or the provision
          for other nitrogenous compounds in item 425.52, TSUS.

          LAW AND ANALYSIS:

                At one time, it had been Customs position on the
          classification of DDA, that its chief use had not been
          established, so that it would not be classified as a drug.
          However, subsequent investigation developed its antiviral
          activity and its utility in the treatment of AIDS.  It is now
          asserted that there is no other use for the product than as a
          drug.





















                                         -2-


                DDA is classifiable under the provision for other drugs, in
          item 439.50,TSUS.

          HOLDING:

                You are directed to allow the protest in full.

                The protestant should be furnished a copy of this decision
          with the Form 19 Notice of Action.

                                        Sincerely,




                                        John Durant, Director
                                        Commerical Rulings Division












































          6 cc: A.D., N.Y. Seaport
          hurley library/peh
          086041