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NY 871305

March 3, 1992

CLA-2-30:S:N:N1-F:238 871305


TARIFF NO.: 3002.90.5050

Mr. William M. James
Oncor, Inc.
P.O. Box 870
Gaithersburg, MD 20884

RE: The tariff classification of micro-organism cultures from England.

Dear Mr. James:

In your letter dated January 30, 1992, received on February 5, 1992, you requested a tariff classification ruling.

The product in question is a sample of a bacterial cell line (specifically, E. coli BL21 lys E strain) containing a vector for overexpression of tumor antigen marker protein p53. You state that your end-objective is to make an antiserum and market it to qualified researchers and clinicians as a tumor detection reagent in Pathology. This is accomplished by extraction and purification of p53 peptide from the mass-cultured cells, and using it as an intermediate to immunize laboratory animals to make antiserum of commercial value against this antigen.

The applicable subheading for these cultures of micro- organisms will be 3002,90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for ... vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: other: other: other. 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.


Jean F. Maguire

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