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NY 856113


September 20, 1990

CLA-2-338:S:N:N1:238 856113

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.10.0050

Mr. Jeremy R. Page
Katten Muchin & Zavis
525 West Monroe Street
Chicago, Illinois 60606-3693

RE: The tariff classification of three blood fraction products: Gammagard (IGIV),Immune Globulin Intravenous (human) from Belgium; ATnativ, Antithrombin III (human) from Sweden; and Albumin (human) 5% and 25% solution from Switzerland.

Dear Mr.Page:

In your letter dated September 7, 1990 you requested a tariff classification ruling on behalf of your client, Baxter Healthcare Corporation.

The Gammagard and ATnativ consist of dried sterile preparations isolated from human blood plasma. They will be reconstituted for use in an intravenous solution subsequent to importation. Albumin which is also isolated from human plasma is prepared as 5% and 25% sterile aqueous solutions. It will also be used for intravenous administration.

The applicable subheading for the IGIV, ATnativ, and albumin will be 3002.10.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for antisera and other blood fractions prepared for therapeutic, prophylactic or diagnostic uses. The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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