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NY 894596

February 14, 1994

CLA-2-38:S:N:N7:238 894596


TARIFF NO.: 3821.00.0000

Mr. Alex Puig
Bio-Chem International
PO Box 366316
San Juan, PR 00936-6316

RE: The tariff classification and status, under the North American Free Trade Agreement (NAFTA), of Starswab (a micro- organism collection and transport product - catalog number S130), from Canada

Dear Mr. Puig:

In your letter dated January 18, 1994, you requested a ruling on the status of Starswab (a micro-organism collection and transport product - catalog number S130), from Canada, under the NAFTA.

The subject merchandise consists of sterile, prelabelled plastic tubes, each of which contains a single rayon-tipped swab and Amies clear prepared culture media, for the collection and transportation of specimens that will be worked up for possible recovery of both aerobic and anaerobic bacteria.

The applicable tariff provision for the subject merchandise will be 3821.00.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for prepared culture media for development of micro-organisms. The general rate of duty will be 5 percent ad valorem.

The subject merchandise, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 20857, telephone number (301) 443- 6553.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire

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