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June 11, 1999

CLA-2-30:RR:NC:2:238 E82848


TARIFF NO.: 3002.10.0090

Mr. Martin Thomas
Expomed Inc.
P.O. Box 186
Munroe Falls, OH 44626

RE: The tariff classification of the SureScreen 6 Drug Multi Test (Catalog# MLT 406), and the One-Step Cannabis (THC) Test, from the United Kingdom

Dear Mr. Thomas:

In your letter dated May 25, 1999, you requested a tariff classification ruling.

The first submitted sample, the SureScreen 6 Drug Multi Test (Catalog# MLT 406), consists of an in-vitro diagnostic test device intended for the qualitative detection in urine (at specified cut-off levels), by means of an immunoassay procedure, of the following drugs (and their principal metabolites): 1) Methamphetamines, 2) Opiates, 3) Cannabis (THC), 4) Amphetamines, 5) Cocaine, and 6) Benzodiazepines. The product, which measures approximately 4" X 2" and is put up in a foil pouch, is indicated for use as a dip test.

The second submitted sample, the One-Step Cannabis (THC) Test, also consists of an in-vitro diagnostic test device, in the form of a dip stick, for the qualitative detection of tetrahydrocannabinol (THC) metabolites in urine by means of an immunoassay procedure. Like the product described above, the dip stick is also put up in a foil pouch.

In our opinion, the subject in-vitro diagnostic tests have the essential character of products based on monoclonal or polyclonal antibodies (i.e., heading 30.02, HTS), which are excluded from classification within heading 38.22, HTS, by the language of and the Explanatory Note to that heading (i.e., 38.22, HTS).

The applicable subheading for both subject products will be 3002.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for "[A]ntisera 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. 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, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.


Robert B. Swierupski

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