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NY 808648

April 10, 1995

CLA-2-38:S:N:N7:238 808648


TARIFF NO.: 3821.00.0000

Ms. Ann Williams
Tower Group International, Inc.
205 West Service Road
Champlain, NY 12919-0218

RE: The tariff classification of a Salmonella detection kit, from Canada

Dear Ms Williams:

In your letter dated March 27, 1995, on behalf of your client, Solar Biologicals Inc., you requested a tariff classification ruling.

The submitted sample, which is named the "Solar-Cult SDK Salmonella Detection Kit", is a kit used for the detection of salmonella bacteria in poultry housing, poultry carcasses, processing plants, and food and meat processing plants. The kit contains the following: ten sterile 3" x 3" gauze swabs with attached cord, premoistened with double-strength skim milk; ten sterile zip lock bags, 4" x 4"; ten plastic containers containing dry TT broth base Hajna Enrichment culture medium; ten sealed plastic bags containing sterile distilled water (40 ml); ten transfer pipettes containing Iodine solution; ten dipslides coated with Red Gel culture medium (XLT4 Agar), containing (the antibiotic) Novobiocin, on one side, and Rust-Colored Gel culture medium (Brilliant Green Agar), containing Novobiocin, on the other side; and 20 sterile transfer loops.

Pursuant to Note 3(b) of the General Rules of Interpretation of the Harmonized System, the applicable subheading for the submitted sample will be 3821.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Prepared culture media for development of micro-organisms." The general 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 (301) 443-6553.

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.


Jean F. Maguire

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