CLA-2-29:S:N:N7:238 803740
Herbert J. Lynch, Esq.
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508
RE: The tariff classification of recombinant human interferon
beta, in bulk form and put up in measured doses, from the United
Kingdom
Dear Mr. Lynch:
In your letter dated October 28, 1994, on behalf of your
client, Biogen, Inc., you requested a tariff classification
ruling.
Recombinant human interferon beta is a cytokine produced by
recombinant DNA techniques utilizing a derivative of a Chinese
hamster ovary (CHO) mammalian cell line. Cytokines, in the
seventh edition of Principles of Anatomy and Physiology (Tortora
& Grabowski), are defined as " ... small protein hormones that
are needed for many normal cell functions." According to The
Merck Index (eleventh edition), beta-interferon is used as an
antineoplastic and antiviral drug. You indicate that the subject
product will be imported in bulk form, as a frozen liquid, with
sodium phosphate and sodium chloride added as inert stabilizers.
You also indicate that your client intends to import a formulated
product, put up as a lyophilized powder in one-dose vials, in
which recombinant human interferon beta constitutes the active
ingredient.
The applicable subheading for the subject product, in bulk
form, will be 2937.99.9050, Harmonized Tariff Schedule of the
United States (HTS), which provides for: "Hormones, natural or
reproduced by synthesis; derivatives thereof, used primarily as
hormones; other steroids used primarily as hormones: Other:
Other: Other: Other." The rate of duty will be 3.2 percent ad
valorem. The applicable subheading for the formulated product
put up as a lyophilized powder in one-dose vials, will be
3004.39.0050, 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: Containing hormones or other products
of heading 2937 but not containing antibiotics: Other: Other."
The rate of duty will be 3.9 percent ad valorem.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (301)
443-6553.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport