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NY N011562

May 24, 2007



TARIFF NO.: 2937.19.0000

Mr. James P. Sullivan
Sullivan & Lynch, P.C.
56 Roland Street, Suite 303
Boston, MA 02129-1223

RE: The tariff classification of Ghrelin, Melanocortin and Somatostatin, imported in bulk form, from China

Dear Mr. Sullivan:

In your letter dated May 11, 2007, on behalf of your client, Biomeasure Inc., you requested a tariff classification ruling.

The subject products, Ghrelin, Melanocortin and Somatostatin are all described in various sources as polypeptide hormones. Ghrelin is a gastric hormone that is involved in control of the timing and magnitude of growth hormone secretion. You state that it is presently in preclinical development targeted at restoring normal body composition in wasting diseases associated with chronic illnesses. Melanocortin is a pituitary hormone that has been suggested to perform a variety of physiological roles ranging from control of behavior, memory, neurotrophic properties, antipyretic and modulation of immune system, etc. You state that Biomeasure’s Melanocortin Program is in the discovery stage of development. Soamtostatin is secreted in the digestive system and in the brain. It is involved in numerous functions of the endocrine, exocrine and paracrine systems through an inhibitory effect on secondary hormones.

The applicable subheading for the Ghrelin, Melanocortin and Somatostatin will be 2937.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, used primarily as hormones: Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues: Other." The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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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