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NY 869078


December 17, 1991

CLA-2-38:S:N:N1-F:238 869078

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5000

Ms. Mary Ann Markoski
Radiometer America Inc.
811 Sharon Drive
Westlake, OH 44145

RE: The tariff classification of Sensititre prepared plates for susceptibility testing, from the United Kingdom.

Dear Ms. Markoski:

In your letter dated October 31, 1991, received on November 26, 1991, you requested a tariff classification ruling.

The submitted sample is a "dummy" sample of the plates in question; the 96 wells of the plate are not filled. The Sensititre susceptibility system is an in-vitro diagnostic product for clinical susceptibility testing. Each 96 well microtitre plate is pecision dosed with carefully selected antimicrobial agents at appropriate dilutions, then dried and thereby stabilized for convenient laboratory storage. Essentially, the Sensititre susceptibility system is a microversion of the classical broth dilution method and provides both qualitative and quantitative susceptibility results. Each plate is individually packaged in foil. After inoculation, the plate is resealed with an adhesive seal, incubated, and the contents of the wells examined for bacterial growth.

The applicable subheading for this product will be 3822.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006: other. The rate of duty will be 5 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 (202) 443-3380.

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

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