CLA-2-30:RR:NC:2:238 C80101

Bruce H. Chiu, Esq.
Cohen & Grigsby, P.C.
2900 CNG Tower
625 Liberty Avenue
Pittsburgh, PA 15222-3115

RE: The tariff classification of human cancerous tumor tissue from Brazil, Canada, China, India, Italy, France, Turkey, Saudi Arabia, the Czech Republic, Russia, and South Africa

Dear Mr. Chiu:

In your letter dated September 25, 1997, on behalf of your client, Precision Therapeutics, Inc., you requested a tariff classification ruling.

The subject product consists of human cancerous tumor tissue, which, you indicate, will be imported by your client for use in the development of a new, in-vitro, testing procedure in order to determine the most effective treatment for a particular patient.

The applicable subheading for the subject product will be 3001.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Glands and other organs for organotherapeutic uses, ... ; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included: Other." The rate of duty will be free.

The subject product may be subject to the regulations of the U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, Office of Health and Safety, Biosafety Branch. You may contact them at 1600 Clifton Road, Atlanta, GA 30333, telephone number 404-633-5313.

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 Cornelius Reilly at 212-466-5770.


Robert B. Swierupski
Director, National Commodity
Specialist Division