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NY 872957


May 15, 1992

CLA-2-30:S:N:N1-F:238 872957

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6090

Mr. Udo Kaiser
TECTA Bioscience
4072 Campana, Suite 200
Palo Alto, CA 94306

RE: The tariff classification of porcine or bovine-derived blood plasma, containing fibronectin, that has been added to a 30% urea solution and put up for importation in vials, from Switzerland.

Dear Mr. Kaiser:

In your letter dated March 24, 1992, you requested a tariff classification ruling.

The product in question consists of porcine or bovine- derived blood plasma, containing fibronectin, that has been added to a 30% urea solution and put up for importation in vials. Fibronectins are a class of high-molecular-weight, multifunctional glycoproteins, found on cell surfaces, in body fluids (especially plasma), in soft connective tissue matrices, and in most basement membranes. You state that they are chiefly used as a component in pharmaceutics (i.e., wound healing, ophthalmological and periodontic treatment) and biotechnology/cell culture technology, and have therapeutic and prophylactic applications in cosmetics.

The applicable subheading for this product will be 3004.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other other: other. The rate of duty will be 6.3 percent ad valorem.

You also indicate in your letter that you: 1) " ... will solicit orders and offer small samples free of charge to potential buyers", and assert that your review of the Harmonized Tariff Schedule " ... suggests classification (in heading) 9811.0060 (HTS)", and, 2) " ... will import limited quantities for testing and experimental and review purposes", and assert that your review of the Harmonized Tariff Schedule " ... suggests classification (in heading) 9813.00.30 (HTS)." For a ruling on these matters, you should write to :

Director, Commercial Rulings Division
Office of Regulations and Rulings
Customs Service Headquarters
Washington, DC 20229.

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

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