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NY A80501

March 19, 1996
CLA-2-38:RR:NC:FC:238 A80501


TARIFF NO.: 3002.10.0090; 3822.00.1090

Kenneth G. Weigel, Esq.
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of in-vitro immunoassay reagents, put up in plastic cassettes, and calibration reagent kits, from the United Kingdom

Dear Mr. Weigel:

In your letter dated February 14, 1996, on behalf of your client, Bayer Corporation, you requested a tariff classification ruling.

The subject products consist of four separate items for use in performing two different sandwich immunoassays. Two of the items consist of small plastic cases ("cassettes"), each of which contains two different immunoassay reagents. One of the reagents consists of an enzyme-antibody conjugate, while the other reagent consists of a fluorochrome-antibody conjugate. Each of the antibody-conjugates is put up in a buffered solution containing a surfactant and a preservative, and each is housed in a separate compartment or chamber of the cassette. You indicate in your letter that the cassettes will be used to carry out the actual assays. The other two items consist of kits, each of which consists of six vials containing various calibration reagents. You state in your letter that these calibration reagents are used to calibrate the equipment used for measuring the results of the immunoassays performed. The technical literature submitted indicates that some of the calibration reagents in each kit contain antigens.

The applicable subheading for the plastic cassettes containing the antibody-conjugates will be 3002.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes: Other." The rate of duty will be free.

The applicable subheading for the calibration reagent kits will be 3822.00.1090, HTS, which provides for: "Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006: Containing antigens or antisera: Other." The rate of duty will be free.

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 Part 177 of the Customs 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, contact National Import Specialist C. Reilly at 212-466-5770.


Roger J. Silvestri

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