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NY J85505

June 16, 2003

CLA-2-38:RR:NC:2:238 J85505


TARIFF NO.: 3822.00.5090

Ms. Susan Danks
Expeditors Tradewin LLC
PO Box 624, Mascot, NSW 2019

RE: The tariff classification of Nucleics 1000 X CounterTrace™ Loading Additive from Australia

Dear Ms. Danks:

In your letter dated June 2, 2003, on behalf of your client, Nucleics Pty Ltd, you requested a tariff classification ruling.

The subject product, Nucleics 1000 X CounterTrace™ Loading Additive, consists of a prepared mixture of ingredients, including trace amounts of DNA, in aqueous solution. The loading solution, in conjunction with pre-loaded software, which is supplied separately to the customer, is used in DNA - sequencing machines to analyze or “read” the DNA undergoing scrutiny. You state that the solution will be imported put up in vials.

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, 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 Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration (FDA), and/or the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency (EPA). You may contact the FDA at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. You may contact the EPA at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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 646-733-3033.


Robert B. Swierupski

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