CLA-2-29:OT:RR:NC:N3:140
Ms. Marjorie G. McIntyre
Allergan
2525 Dupont Drive
Irvine, CA 92612
RE: The tariff classification of Tropoelastin (60kDa) from Australia
Dear Ms. McIntyre:
In your letter dated June 06, 2018, you requested a tariff classification ruling. Documentation received with your request was sent to our CBP Laboratory for review. That review is now complete and our determination of classification is as follows.
You indicated that the instant product is called Tropoelastin. It is a 60kDa extracellular matrix protein and is the soluble precursor to elastin. Elastin is a key mammalian extracellular matrix protein that is critical to the elasticity, compliance and resilience of a range of tissues including the vasculature, skin and lung. In addition to providing mechanical integrity to tissues, elastin also has critical functions in the regulation of cell behavior. Tropoelastin is supplied as a lyophilized powder in a vial containing 5-10 mg. It is also known as Human Tropoelastin, Lyophilized. You suggest classification should be under 3002.90. However, based upon our lab’s review of the instant product, and follow-up email correspondence with your office, we disagree. The product is neither an immunological product nor a blood fraction. It cannot therefore be classified in Heading 3002.
Your office provided us with additional information regarding the chemical structural formula of the imported product in response to our request. Based on that information we were able to assess that this is a single chemically defined organic chemical compound.
The applicable subheading for the Tropoelastin (60kDa) will be 2934.99.3900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent ad valorem.
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 the World Wide Web at https://hts.usitc.gov/current.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division