HQ 952427: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of 5-(N,N-dibenzylglycyl) salicylamide; LBH-B/C; CAS# 30566-92-8; cyclic amides; 2- (N-benzyl-N-tert-butylaminol-4'-hydroxy-3'-hydroxymethyl- acetophenone hydrochloride; glycyl hydrochloride; CAS# 24085-08-3; aromatic amino-compounds with oxygen function

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 952427

                        December 21, 1992

CLA-2 CO:R:C:F 952427 EAB

CATEGORY: Classification

TARIFF NO.: 2924.29; 2922.50

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 5-(N,N-dibenzylglycyl)
     salicylamide; LBH-B/C; CAS# 30566-92-8; cyclic amides; 2-
     (N-benzyl-N-tert-butylaminol-4'-hydroxy-3'-hydroxymethyl-
     acetophenone hydrochloride; glycyl hydrochloride; CAS#
     24085-08-3; aromatic amino-compounds with oxygen function

Dear Mr. Lazar:

     This is in reply to your written request on behalf of
Schering Corporation and dated August 18, 1992, for a binding
ruling on the classification under the HTSUSA of two separate
chemically defined compounds.

FACTS:

     5-(N,N-dibenzylglycyl) salicylamide, also referred to by you
as LBH-B/C, has been assigned CAS Registry No. 30566-92-8.  That
CAS number is not listed in the Chemical Appendix to the HTSUSA. 
The compound contains two functional groups, an amine and an
amide.

     2-(N-benzyl-N-tert-butylaminol-4'-hydroxy-3'-hydroxymethyl-
acetophenone hydrochloride, also referred to by you as glycyl
hydrochloride, has been assigned CAS Registry No. 24085-08-3. 
That CAS number is not listed in the Chemical Appendix to the
HTSUSA.  The compound contains more than one kind of oxygen
function, namely an alcohol and a phenone.

     For purposes of this ruling, we consider each compound to be
in bulk form.

ISSUE:

     What is the classification of 5-(N,N-dibenzylglycyl)
salicylamide, also referred to as LBH-B/C, CAS# 30566-92-8 and 2-
(N-benzyl-N-tert-butylaminol-4'-hydroxy-3'-hydroxymethylaceto-
phenone hydrochloride, also referred to as glycyl hydrochloride,
CAS# 24085-08-3?

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 2922 generally describes oxygen-function amino-
compounds; specifically, amino-acids other than those containing
more than one kind of oxygen function, together with salts
thereof.  This heading is descriptive of glycyl hydrochloride.

     Heading 2924, describes carboxyamide-function compounds and
amide-function compounds of carbonic acid.

     LBH-B/C is covered by both of the foregoing headings. 
Pursuant to Note 3, chapter 29, we find that it is properly
classifiable under heading 2924, the heading occurring last in
numerical order of the two.

HOLDING:

     5-(N,N-dibenzylglycyl) salicylamide, also referred to as
LBH-B/C, CAS# 30566-92-8, is classifiable under subheading
2924.29.4400, HTSUSA, a provision for carboxyamide-function and
amide-function compounds of carbonic acid; cyclic amides
(including cyclic carbamates) and their derivatives; salts
thereof; other; aromatic; other; other; other products described
in additional U.S. note 3 to section VI, and dutiable at the
column one general rate of 13.5 percent ad valorem.

     2-(N-benzyl-N-tert-butylaminol-4'-hydroxy-3'-hydroxymethyl-
acetophenone hydrochloride, also referred to as glycyl
hydrochloride, CAS# 24085-08-3, is classifiable under subheading
2922.50.3000, HTSUSA, a provision for oxygen-function amino-
compounds; amino-alcohol-phenols, amino-acid-phenols and other
amino-compounds with oxygen function; aromatic; other; other 
products described in additional U.S. note 3 to section VI, and
dutiable at the column one general rate of 13.5 percent ad
valorem.

                           Sincerely,

                           John Durant, Director