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HQ 951781

September 4, 1992

CLA-2 CO:R:C:F 951781 EAB


TARIFF NO.: 3822.00.1090

Mr. Thomas Czubak
Warner-Lambert Company
201 Tabor Road
Morris Plains, New Jersey 07950

RE: EPT Sticks; composite diagnostic reagents; NYRL 867972 revoked

Dear Mr. Czubak:

This is in reply to your letter dated May 7, 1992, in which you request reconsideration of NYRL 867972 (December 2, 1991), concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of pregnancy test kits.


In the aforementioned ruling, you were advised that the EPT Early Pregnancy Test Kit would be classifiable under subheading 3822.00.5090, HTSUSA, and bear duty at the column 1 general rate of 5 percent ad valorem.

You have submitted additional information concerning the chemical composition of the indicator strips and request classification under subheading 3002.10.0050, a provision for, inter alia, antisera and other blood fractions that may be entered free of duty.


What is the proper classification under the HTSUSA of EPT pregnancy indicator kits?


Merchandise imported into the U.S. is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order.

Heading 3822 covers composite diagnostic or laboratory reagents, other than those of heading 3002. Heading 3002 covers, among other substances and products, human blood, antisera and other blood fractions, vaccines, toxins, cultures of micro- organisms excluding yeasts, and similar products.

Since the additional information that you have provided indicates that the EPT sticks are composed of both antisera and antigens, we are of the opinion that the EPT kits are properly classified under heading 3822 as other than a diagnostic reagent of heading 3002. Also because of the presence of both antisera and antigens, we are of the opinion that the kits are classifiable under subheading 3822.00.1090, HTSUSA.


EPT pregnancy testing kits containing antisera and antigens are classifiable under subheading 3822.00.1090, a provision for composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006; containing antigens or antisera; other. Such merchandise is entitled to be entered free of duty.

This decision should be considered a revocation of NYRL 867972 pursuant to 19 CFR 177.9(d)(1).


John Durant, Director

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