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NY 805446




January 10, 1995

CLA-2-30:S:N:N7:238 805446

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Mr. Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-0057

RE: The tariff classification of a dual-chambered syringe, containing lyophilized Antihemophilic Factor in one chamber, and a diluent, consisting of sterile water, in the other chamber, from Germany

Dear Mr. Richardson:

In your letter dated December 13, 1994, on behalf of your client, Alpha Therapeutic Corporation, you requested a tariff classification ruling.

The submitted sample consists of a dual-chambered syringe which contains lyophilized Antihemophilic Factor (human) in one chamber, and a diluent, consisting of sterile water, in the other chamber. The product literature accompanying your ruling request indicates that, with this type of dual-chambered syringe, " ... the patient need only reconstitute the (lyophilized) Antihemophilic Factor by applying pressure to the syringe thus forcing the diluent into the chamber containing the Antihemophic Factor. Once that is complete the patient can administer the product."

The applicable subheading for the subject product will be 3004.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Medicaments (excluding goods of heading 3002, 3005 or 3006) 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: Other." The rate of duty will be free. 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 (301) 443-6553.

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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