HQ 952066: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of loratadine; CAS 79794- 75-5; antihistamine

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 952066

                         August 12, 1992

CLA-2 CO:R:C:F 952066 EAB

CATEGORY: Classification

TARIFF NO.: 2933.90.2600

Melvin E. Lazar, Esquire
Barnes, Richardson & Colburn
475 Park Avenue South
New York, New York 10016

Re:  Classification under the Harmonized Tariff Schedule of the
     United States Annotated (HTSUSA) of loratadine; CAS 79794-
     75-5; antihistamine

Dear Mr. Lazar:

     This is in reply to your written request on behalf of
Schering Corporation and dated June 15, 1992, for a binding
ruling on the classification under the HTSUSA of loratadine.

FACTS:

     Loratadine, CAS 79794-75-5, has the chemical name of 4-(8-
chloro-5,6-dihydro-11H-benzo-[5,6] cyclohepta [1,2-b] pyridin-
11-ylidene)-1-piperidinecarboxylic acid ethyl ester.  It is used
as an antihistaminic.

     For purposes of this ruling, the compound has been described
as being in bulk form.

ISSUE:

     What is the classification of loratadine, CAS Registry
#79794-75-5?

LAW AND ANALYSIS:

     Merchandise imported into the U.S. is classified under the
HTSUSA.  Tariff classification 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 as well as section and
chapter notes are part of the HTSUSA and are to be considered
statutory provisions of law for all purposes.

     Heading 2933, describes heterocyclic compounds with nitrogen
hetero-atoms only; nucleic acids and their salts.  Subheading
2933.90.2600, HTSUSA, describes antihistamines.  We find that
loratadine is classifiable under the foregoing provision.

HOLDING:

     Loratadine, CAS 79794-75-5, the chemical name of which is   
 4-(8-chloro-5,6-dihydro-11H-benzo-[5,6] cyclohepta [1,2-b]
pyridin-11-ylidene)-1-piperidinecarboxylic acid ethyl ester, is
classifiable under subheading 2933.90.26, a provision for
heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic
acids and their salts; other aromatic or modified aromatic;
other; drugs; antihistamines, and dutiable at the column one
general rate of 6.6 percent ad valorem.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division