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NY 890709

November 29, 1993

CLA-2-38:S:N:N7:238 890709


TARIFF NO.: 3822.00.1090

Mr. Ted Pease
Sepracor Inc.
33 Locke Drive
Marlborough, MA 01752

RE: The tariff classification of "Protein A HyperD" chromatography media, in bulk form, from France

Dear Mr. Pease:

In your letter dated September 21, 1993, you requested a tariff classification ruling.

The subject merchandise, "Protein A HyperD", is a chromatography media, in bulk form, which is used for the affinity separation of proteins. It is manufactured by attaching Protein A (a recombinant staphylococcal protein, which is used as an immunochemical reagent for the detection and purification of immunoglobulins) to polystyrene beads. In our opinion, with respect to the instant merchandise, the Protein A acts in the capacity of an antigen, to which the immunoglobulins bind.

The applicable subheading for the subject merchandise will be 3822.00.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for: Composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006: containing antigens or antisera: other. The rate of duty will be free. As this merchandise is unconditionally free of duty, based on its classification, this office will reserve commemt on the dutiability of the American material.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 20857, telephone number (202) 857-8400.

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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