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NY G81068

August 31, 2000

CLA-2-38:RR:NC:2:238 G81068


TARIFF NO.: 3822.00.5090

Mr. Spencer Hutchins
AKA International, Inc.
1200 S. 192nd Street, Suite 103
Seattle, WA 98121

RE: The tariff classification of Protein A Sepharose® CL-4B, imported in bulk form, from Sweden

Dear Mr. Hutchins:

In your letter dated August 9, 2000, on behalf of your client, Fresenius HemoCare, Inc., you requested a tariff classification ruling.

The submitted sample, Protein A Sepharose® CL-4B, has the physical appearance of a fine white powder. According to the literature, it is universally used as an adsorbent medium in affinity chromatography, particularly for the isolation and purification of immunoglobulins. Protein A Sepharose® CL-4B consists of two components covalently attached (bonded) to each other. The first component, Protein A (a polypeptide isolated from Staphylococcus aureus that binds the Fc region of immunoglobulin molecules without interacting at the antigen binding site), functions as the biospecific ligand. The second component, Sepharose® CL-4B [formed from agarose (the neutral gelling fraction of agar)], functions as the chromatographic bed material or “matrix” for the (immobilized) ligand (i.e., Protein A).

For the record, you state in your letter that, subsequent to importation, the subject product will be subjected to further (unspecified) processing in the United States, and then exported to Europe for (unspecified) “medical purposes.”

The applicable subheading for Protein A Sepharose® CL-4B, imported in bulk form, will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for "[D]iagnostic 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 free. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 260-2090, or EPA Region II at (212) 637-3000.

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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