CLA-2-30:OT:RR:NC:N3:138

Andi Shane
Emory University
2015 Uppergate Drive Atlanta, GA 30322

RE:  The tariff classification of Poliomyelitis Vaccine inactivated monovalent types 1, 2 and 3 from France

Dear Ms. Shane:

In your letter dated October 15, 2024, you requested a tariff classification ruling.

Poliomyelitis Vaccine inactivated monovalent types 1, 2 and 3 are vaccines that protects against the poliovirus and is given to prevent poliomyelitis. In your letter, you stated the imported poliomyelitis inactivated vaccines will only be used for in vitro laboratory research, approved by Emory University Institutional Review Board (IRB approval STUDY00006614).  You also indicated these vaccines are the same as those regularly used in the inactivated polio vaccine (IPV), which is given in routine immunization schedules in the USA and many other countries. The total quantity imported is about 2 mg (0.5-0.7 mg per type).

The applicable subheading for the Poliomyelitis Vaccine inactivated monovalent types 1, 2 and 3 will be 3002.41.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Vaccines for human medicine.” 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 at https://hts.usitc.gov/.

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 merchandise may also be subject to the rules and regulations of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. You may contact them at 1600 Clifton Road, Atlanta, GA 30333, telephone number (404) 633-5313 or (800) CDC-INFO, or at the Web address [email protected].

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Judy Lee at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division