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NY B84486

May 5, 1997

CLA-2-38:RR:NC:2:238 B84486


TARIFF NO.: 3822.00.5090

Mr. Marvin Turner
Hellmann Transport Services
2551 Santa Fe Avenue
Redondo Beach, CA 90278

RE: The tariff classification of the SKY -H10 Kit from Israel

Dear Mr. Turner:

In your letter dated April 11, 1997, on behalf of your client, Applied Spectral Imaging Inc., you requested a tariff classification ruling.

The subject product, the SKY -H10 Kit, is designed to enable the study of chromosomes by the method known as Spectral Karyotyping ("SKY "), i.e., the simultaneous visualization of all human chromosomes in 24 different colors. This procedure is said to allow for the automatic identification of chromosomal aberrations, and for the diagnosis of complex chromosomal rearrangements in solid tumors. The kit is for research use only, and is used in conjunction with a spectral imaging system. It consists of five vials, put up in a small, paperboard box. The first vial contains SKY mixture, which consists of a DNA probe and three dyes, which are attached to the probe; the second vial contains a blocking reagent; the third vial contains a buffer, designated as "Buffer 1"; the fourth vial also contains a buffer, designated as "Buffer ll"; and the fifth vial contains DAPI/antifade solution.

The applicable subheading for the subject product will be 3822.00.5090, Harmonized Tariff Schedule of the United States (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: Other: Other." The rate of duty will be 2 percent ad valorem.

Articles classifiable under subheading 3822.00.5090, HTS, which are products of Israel, are entitled to duty-free treatment, under the United States-Israel Free Trade Area Implementation Act of 1985, upon compliance with all applicable regulations.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. 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 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 Cornelius Reilly at 212-466-5770.


Gwenn Klein Kirschner

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