The tariff classification of Sorbitol Sterile Solution from Brazil

N076899 October 1, 2009 CLA-2-38:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3821.00.0000 Ms. Patricia L. Ramsey Held & Associates Inc. 1120 Erie PO Box 34470 North Kansas City, MO 64116 RE: The tariff classification of Sorbitol Sterile Solution from Brazil Dear Ms. Ramsey: In your letter dated September 22, 2009, on behalf of your client, Biomune Inc., you requested a tariff classification ruling. The subject merchandise, Sorbitol Sterile Solution, is described as a growth medium for injection that contains no active biological ingredients. It consists of sorbitol, sucrose, phosphates, NZ amine or casein peptone type s, phenol red, and deionized water q.s. to 1000 ml. According to the literature, this type of product will be used as a growth medium/stabilizer in the formulation of live and live-attenuated virus vaccines. The applicable subheading for the will be 3821.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Prepared culture media for development or maintenance of micro-organisms (including viruses and the like) or of plant, human, or animal cells.” The rate of duty will be 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 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 Director National Commodity Specialist Division