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NY H85059




August 22, 2001

CLA-2-30:RR:NC:2:238 H85059

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9015

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of Campath® (Alemtuzumab) from Germany

Dear Mr. Hoffacker:

In your letter dated August 13, 2001, on behalf of your client, Millennium Pharmaceuticals, Inc.,, you requested a tariff classification ruling.

The subject product, Campath® (Alemtuzumab), consists of a medicament containing Campath-1H, a recombinant DNA-derived humanized monoclonal antibody, as the active ingredient. Campath® (Alemtuzumab), which is supplied put up in single-use clear-glass ampoules, is indicated for the treatment of B-cell chronic lymphocytic leukemia.

The applicable subheading for Campath® (Alemtuzumab), imported put up in single-use clear-glass ampoules, will be 3004.90.9015, 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: Antineoplastic and immunosuppressive medicaments." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. 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 212-637-7068.

Sincerely,

Robert B. Swierupski

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