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NY 861436


APR 8 1991

CLA-2-30:S:N:N1:238 861436

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.39.5000

Mr. Lewis Stein
Johnson and Johnson
One Johnson and Johnson Plaza
New Brunswick, NJ 08933-7002

RE: The tariff classification of Erythropoietin in a citrate buffer in bulk form from England.

Dear Mr Stein:

In your letter dated March 14, 1991 you requested a tariff classification ruling.

Erythropoietin is a naturally occurring hormone which has been reproduced in vitro that is blended with a citrate buffer and will be imported in bulk.

The applicable subheading for the Erythropoietin in a citrate buffer will be 3003.39.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up measured doses or in forms or packings for retail sale, containing hormones or other products of heading 2937 but not containing antibiotics, other, other. The rate of duty will be 4.9 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, Maryland 20857, telephone number (202) 443-3380..

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.

Sincerely,

Jean F. Maguire
Area Director

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