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NY K82289




January 15, 2004
CLA-2-38:RR:NC:2:238 K82289

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Ms. Susan Danks
Expeditors Tradewin LLC
PO Box 624
Mascot, NSW 1460
Australia

RE: The tariff classification of dLUTE SEQ™ from Australia

Dear Ms. Banks:

In your letter dated September 17, 2003, resubmitted with additional information vía e-mail on January 9, 2004, on behalf of your client, Nucleics Pty Ltd, you requested a tariff classification ruling.

The subject product, dLUTE SEQ™, consists of a kit containing a blue-capped tube and a purple-capped tube. The blue-capped tube contains a prepared mixture of various chemicals dissolved in water, referred to as “dLUTE SEQ™ Sequencing Formulation.” The purple-capped tube also contains a prepared mixture of various chemicals dissolve in water, referred to as “dLUTE SEQ™ Phase Indicator.” In your letter, you state that the subject product provides a reagent additive to a user-defined aqueous solution that allows for carrying out DNA sequencing reactions using microliter-scale handling equipment and protocols.

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 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) 554-1404, or EPA Region II at (212) 637-3526. 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.

Sincerely,

Robert B. Swierupski

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