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NY A80844




March 29, 1996

CLA-2-30:RR:NC:FC:238 A80844

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Michael Bodo, Ph.D.
Fibrogen, Inc.
772 Lucerne Drive
Sunnyvale, CA 94086

RE: The tariff classification of nonviable frozen insect cells, put up as a paste, from Finland

Dear Dr. Bodo:

In your letter dated February 21, 1996, you requested a tariff classification ruling.

The subject product consists of research samples of nonviable "Sf9" insect cells, in the form of a paste, which have been obtained from frozen insect cell cultures containing recombinant human collagen, recombinant human prolyl hydroxylase, and recombinant insect viruses coding for these human proteins. You indicate that the cells were collected out of their growth medium by centrifugation, and shipped frozen, on dry ice, to prevent the breakdown of the recombinant proteins during transit. You indicate further that more than 95% of the total weight of the paste will be virus-infected insect cells, with the residual cell-culture growth medium making up the remainder.

The applicable subheading for the subject product will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Human blood; ... ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products." 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 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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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