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NY 891903

March 18, 1994

CLA-2-:S:N:N7:238 891903


TARIFF NO.: 2937.99.8050

Ms. Karen Bysiewicz
Coudert Brothers
1114 Avenue of the Americas
New York, NY 10036-7794

RE: The tariff classification of Transforming Growth Factor-Beta 3 (TGF-B3), in bulk form, from France

Dear Ms. Bysiewicz:

In your letter dated October 28, 1993, on behalf of your client, Pfizer Inc., you requested a tariff classification ruling.

According to the literature, Transforming Growth Factor Beta (TGF-B) is a naturally occurring substance, secreted by T cells and macrophages, which belongs to the class of small protein hormones called cytokines. In your letter, you state that there are three forms of naturally occurring TGF-B compounds, namely: TGF-B1, TGF-B2 and TGF-B3, and that TGF-B3 constitutes the actual product which your client intends to import. TGF-B3 is produced in the laboratory, employing recombinant DNA technology, and, according to your letter, is a replica of naturally occurring TGF-B3. You indicate that it will be used as the active ingredient in various pharmaceutical preparations.

The applicable subheading for the subject merchandise will be 2937.99.8050, 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 hormones and their derivatives; other steroids used primarily as hormones: other: other: other. The rate of duty will be 3.2 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, MD 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.


Jean F. Maguire

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