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NY N008553

April 2, 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 an Immunohistochemistry Staining Detection Kit

Dear Mr. Rieder:

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

The subject product consists of an immunohistochemistry staining detection kit. The kit contains, inter alia, an unlabeled primary antibody and a biotinylated secondary antibody. Immunohistochemistry is based on the localization of antigens (e.g., peptides, proteins) in tissue sections, utilizing antibodies as specific reagents, through antibody-antigen interactions that are visualized by a marker such as a fluorescent dye, enzyme, radioactive element or colloidal gold. In our opinion, the antibody reagents impart the essential character to the kit. You indicate in your letter that the kit will be used to stain and identify peptidic antigens in tissue sections embedded in paraffin or frozen. You also indicate that the kit is designed for research use only; not for diagnostic purposes.

Pursuant to Harmonized System Explanatory Note 30.02(E), HTSUS, the applicable subheading for the subject kit 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 product may be subject to the rules and regulations of the Department of Health and Human Services, Centers for Disease Control, Office of Health and Safety, Biosafety Branch. You may contact them at 404-639-7233.

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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