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NY H86293




January 4, 2002

CLA-2-30:RR:NC:2:238 H86293

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9190

Matthew T. McGrath, Esq.
Barnes, Richardson & Colburn
1225 Eye Street, N.W.
Suite 1150
Washington, DC 20005

RE: The tariff classification of ACTIMMUNE® (Interferon gamma-1b), imported put up in single-dose vials for subcutaneous injection, from Austria and Germany

Dear Mr. McGrath:

In your letter dated December 12, 2001, on behalf of your client, InterMune, Inc. you requested a tariff classification ruling.

The subject product, ACTIMMUNE® (Interferon gamma-1b), is a medicament containing Interferon gamma-1b (an analog of human interferon gamma, produced by recombinant DNA technology) as the active ingredient. ACTIMMUNE® is indicated for use in the treatment of chronic granulomatous disease and severe, malignant osteopetrosis.

The applicable subheading for the subject product will be 3004.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for Medicaments consisiting 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 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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