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NY 803740




November 15, 1994

CLA-2-29:S:N:N7:238 803740

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.99.9050; 3004.39.0050

Herbert J. Lynch, Esq.
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of recombinant human interferon beta, in bulk form and put up in measured doses, from the United Kingdom

Dear Mr. Lynch:

In your letter dated October 28, 1994, on behalf of your client, Biogen, Inc., you requested a tariff classification ruling.

Recombinant human interferon beta is a cytokine produced by recombinant DNA techniques utilizing a derivative of a Chinese hamster ovary (CHO) mammalian cell line. Cytokines, in the seventh edition of Principles of Anatomy and Physiology (Tortora & Grabowski), are defined as " ... small protein hormones that are needed for many normal cell functions." According to The Merck Index (eleventh edition), beta-interferon is used as an antineoplastic and antiviral drug. You indicate that the subject product will be imported in bulk form, as a frozen liquid, with sodium phosphate and sodium chloride added as inert stabilizers. You also indicate that your client intends to import a formulated product, put up as a lyophilized powder in one-dose vials, in which recombinant human interferon beta constitutes the active ingredient.

The applicable subheading for the subject product, in bulk form, will be 2937.99.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Hormones, natural or reproduced by synthesis; derivatives thereof, used primarily as hormones; other steroids used primarily as hormones: Other: Other: Other: Other." The rate of duty will be 3.2 percent ad valorem. The applicable subheading for the formulated product put up as a lyophilized powder in one-dose vials, will be 3004.39.0050, HTS, which provides for: "Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Containing hormones or other products of heading 2937 but not containing antibiotics: Other: Other." The rate of duty will be 3.9 percent ad valorem.

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 (301) 443-6553.

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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