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NY M81920




April 11, 2006

CLA-2-29:RR:NC:2:238 M81920

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.11.0000

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Somatotropin (CAS-9002-76-6), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated March 28, 2006, you requested a tariff classification ruling.

The subject product, Somatotropin [also known as Growth Hormone (GH)], is a protein hormone, secreted by the anterior pituitary, that affects protein, carbohydrate, and lipid metabolism, and controls the rate of skeletal and visceral growth. Medicinal preparations containing Somatotropin are used to treat growth failure in children with a congenital deficiency of this hormone.

The applicable subheading for Somatotropin, imported in bulk form, will be 2937.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues: Somatotropin, its derivatives and structural analogues.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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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