The tariff classification of 6-[(1R)-1-Hydroxyethyl]-3,7-dioxo-1-azabicyclo[3.2.0]heptane-2-carboxylic acid (5R,6S)-(4-nitrophenyl)methyl ester, CAS No. 74288-40-7 imported in bulk form, from China and India

N038375 October 8, 2008 CLA-2-29:OT:RR:E:NC:2:239 CATEGORY: Classification TARIFF NO.: 2933.79.0800 Ms. Maria Donnelly Aceto Corporation One Hollow Lane Levittown, NY 11042 RE: The tariff classification of 6-[(1R)-1-Hydroxyethyl]-3,7-dioxo-1-azabicyclo[3.2.0]heptane-2-carboxylic acid (5R,6S)-(4-nitrophenyl)methyl ester, CAS No. 74288-40-7 imported in bulk form, from China and India Dear Ms. Donnelly: In your letter dated September 12, 2008, you requested a tariff classification ruling for 6-[(1R)-1-Hydroxyethyl]-3,7-dioxo-1-azabicyclo[3.2.0]heptane-2-carboxylic acid (5R,6S)-(4-nitrophenyl)methyl ester, also known as p-Nitrobenzyl-6-(1-hydroxyethyl)-1-azabicyclo(3.2.0)heptane-3,7-dione-2-carboxylate, which you have stated will be used as a pharmaceutical intermediate. The applicable subheading will be 2933.79.0800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Aromatic or modified aromatic: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent ad valorem.      Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Dunkel at 646-733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division