Ciba-Geigy Corp. v. United States

Rich, Judge.

This appeal is from the judgment of the United States Customs Court, 79 Cust. Ct. 53, C.D. 4713, 440 F. Supp. 1237 (1977), dismissing appellant-importer’s protest to the .classification of an antibiotic drug, identified by the trademark Rimactane, imported from Italy. We reverse.

The structural formula of Rimactane is shown below with the portion of the molecule with which we are concerned within the dotted line:

*83The imported Rimactane is produced in a multi-step synthesis from a naturally-occurring mold extract known as Rifamycin B haying' the following structural formula:

The first…