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NY N022109

January 24, 2008



TARIFF NO.: 3001.90.0190

Mr. M. Jason Cunningham
Sonnenberg & Anderson
300 South Wacker Drive, Suite 1050
Chicago, IL 60606

RE: The tariff classification of Bone Marrow and Hematopoietic Progenitor Cells (Apheresis Peripheral Blood Stem Cells- “PBSC”) from various countries

Dear Mr. Cunningham:

In your letter dated January 17, 2008, on behalf of the National Marrow Donor Program, you requested a tariff classification ruling.

Both of these products, the Bone Marrow and “PBSC”, consist of cells that are precursors of human blood cells, which have not yet been differentiated into mature blood cells. According to your letter, this material will be used in bone marrow and blood cell transplant for patients who are in need of unrelated donor transplant.

The applicable subheading for both the Bone Marrow and “PBSC” will be 3001.90.0190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Glands and other organs for organotherapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organotherapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included: Other: 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 rules and regulations of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, located at 1600 Clifton Rd., Atlanta, GA 30333. You may contact them, by telephone, at: (404) 639-3534 / (800) 311-3435.

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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