HQ 953954: Nimodipine; 1,4-dihydro-2,6-dimethyl-4-(3-nitrophenyl)-3,5- pyridinedicarboxylic acid 2-methoxyethyl 1-methylethyl ester; isopropyl (2-methoxyethyl) 1,4-dihydro-2,6-dimethyl-4-(3- nitrophenyl)-3,5-pyridinedicarboxylate; CAS No. 66085-59-4 not listed; FTZ

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 953954

                          June 16, 1993

CLA-2 CO:R:C:F 953954 EAB

CATEGORY: Classification

TARIFF NO.: 3003.90.0000

Mr. Robert K. Imbur
Import Manager
Miles, Inc.
P.O. Box 40
Elkhart, Indiana 46515-0040

Re:  Nimodipine; 1,4-dihydro-2,6-dimethyl-4-(3-nitrophenyl)-3,5-
     pyridinedicarboxylic acid 2-methoxyethyl 1-methylethyl ester;
     isopropyl (2-methoxyethyl) 1,4-dihydro-2,6-dimethyl-4-(3-
     nitrophenyl)-3,5-pyridinedicarboxylate; CAS No. 66085-59-4 not
     listed; FTZ

Dear Mr. Imbur:

     This is in reply to your letter dated April 19, 1993, in which
you request a binding ruling on the classification of merchandise
under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).

     In your letter you claim confidential treatment for
information with respect to the pharmacological formulation and
processing of your product.  Following telephone conversations in
particular reference to information contained in your letter, yet
duplicated in the product insert enclosed therewith, you have
withdrawn your request for confidential treatment of the duplicate
information.

FACTS:

     Foreign made nimodipine in pure bulk form is shipped to a U.S.
foreign trade subzone where your company mixes it with polyethylene
glycol, glycerin, peppermint oil and purified water.  The resulting
mixture of nimodipine, the active ingredient, with excipients is
indicated for the improvement of neurological outcome by reducing
the incidence and severity of ischemic deficits in patients with
subarachnoid hemorrhage from ruptured congenital aneurysms who are
in good neurological condition post-ictus.
     
ISSUE:

     What is the proper classification under the HTSUSA of
nimodipine, the chemical name of which is 1,4-dihydro-2,6-dimethyl-
4-(3-nitrophenyl)-3,5-pyridinedicarboxylic acid 2-methoxyethyl 1-
methylethyl ester, CAS No. 66085-59-4, a number not listed in the
Chemical Appendix to the Tariff Schedule, also known as isopropyl
(2-methoxyethyl) 1,4-dihydro-2,6-dimethyl-4-(3-nitrophenyl)-3,5-
pyridinedicarboxylate, mixed with excipients?

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 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 GRI's taken in order.

     Less exceptions not pertinent to this decision, heading 3003,
HTSUSA, describes medicaments consisting of two or more constitu-
ents which have been mixed together for therapeutic purposes, not
put up for retail sale, which description, we believe, is of the
subject merchandise.

HOLDING:

     Nimodipine, 1,4-dihydro-2,6-dimethyl-4-(3-nitrophenyl)-3,5-
pyridinedicarboxylic acid 2-methoxyethyl 1-methylethyl ester, CAS
No. 66085-59-4, a number not listed in the Chemical Appendix to the
Tariff Schedule, also known as isopropyl (2-methoxyethyl) 1,4-
dihydro-2,6-dimethyl-4-(3-nitrophenyl)-3,5-pyridinedicarboxylate,
mixed in a U.S. foreign trade subzone with excipients, is
classifiable under subheading 3003.90.00, HTSUSA, a provision for
medicaments (excluding goods of heading 3002, 3005 or 3006)
consisting of two or more constituents which have been mixed
together for therapeutic or prophylactic uses, not put up in
measured doses or in forms or packings for retail sale; other.

     Merchandise classifiable under the foregoing subheading for
the year 1993 is dutiable at the column one general rate of 6
percent ad valorem.

                            Sincerely,




                            John Durant, Director