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NY R02223

July 18, 2005

CLA-2-30:RR:NC:2:238 R02223


TARIFF NO.: 3002.10.0190

Ms. Joanne Crowe
MorphoSys AG
Lena-Christ Str. 48
82152 Martinsried / Planegg

RE: The tariff classification of recombinant antibody protein fragments from Germany

Dear Ms. Crowe:

In your letter dated July 4, 2005, you requested a tariff classification ruling.

The subject product, recombinant antibody protein fragments, consists of synthetically constructed fragments of non-animal-based, in-vitro-generated, recombinant antibodies. The fragments are produced (“expressed” ) in E. coli bacteria, by means of gene transfer techniques, and contain only the binding region (antigen-recognition site) of the recombinant antibody. These recombinant antibody protein fragments are used in various scientific techniques to study the molecular function of “targeted” proteins (e.g., those involved in malignant transformation). The fragments will be imported suspended in a solution of phosphate-buffered saline, and shipped on dry ice.

Pursuant to note 2, chapter 30, HTS, and explanatory note 30.02(c)(2)(b), Harmonized System Explanatory Notes, the applicable subheading for the subject product will be 3002.10.0190, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes: Other.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski

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