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NY N008537

March 26, 2007



TARIFF NO.: 3002.10.0190

Mr. Robert Rieder
Peninsula Laboratories, LLC
305 Old County Road
San Carlos, CA 94070

RE: The tariff classification of a radioimmunoassay (RIA) kit (Product No. S-2011)

Dear Mr. Rieder:

In your letter dated March 19, 2007, you requested a tariff classification ruling.

The subject product is an in vitro radioimmunoassay (RIA) kit for protein/peptide detection. The assay procedure follows the basic principle of radioimmunoassay, whereby there is competition between a radioactive and a non-radioactive antigen for a fixed number of antibody binding sites. The kit contains the following components (all stated to be freeze-dried): a standard (synthetic peptide); diluted primary antiserum (rabbit anti-peptide antiserum (host animal: rabbit)); iodine-125 (125I) labeled peptide; diluted secondary antisera (goat anti-rabbit antiserum and normal rabbit serum); and inorganic buffering agents. You indicate in your letter that the kit is designed for research use only.

You assert that the kit is properly classified under subheading 3822.00.1090 HTSUS, 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: Containing antigens or antisera: Other.” However, in light of our determination that the essential character of the kit is imparted by the antiserum components, the kit would be excluded from classification under subheading 3822.00.1090, HTSUS, by the language contained in Harmonized System Explanatory Note 38.22, HTSUS, and Harmonized System Explanatory Notes 30.02(C) and 30.02(E), HTSUS.

The applicable subheading for the subject product will be 3002.10.0190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antisera 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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