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HQ 085969


March 2, 1990

CLA-2:CO:R:C:G 085969 SER

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.10.0050; 4823.90.6500

Mr. D. Craig Howell
Meridian Diagnostics, Inc.
3471 River Hills Drive
Cincinnati, OH 45244

RE: Monostaph kit products

Dear Mr. Howell:

This is in reference to your letter of November 7, 1989, requesting the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of products which comprise your in vitro diagnostic test kit called Monostaph.

FACTS:

The merchandise at issue are components of an in vitro diagnostic kit called Monostaph, which will be used in clinical laboratories to determine if a patient has a staph-type infection. The products will be imported from Norway, and consist of the following:

1. Ten liters of a test reagent of monodisperse particles that are coated with immunoglobulin G (1gG) and fibrinogen.

2. Three liters of a control reagent of monodisperse particles coated with bovine serum albumin.

3. Fifty thousand analysis plates, each of which is a coated printed paperboard that is 3 1/2 inches by 2 1/2 inches.

After importation into the United States, these products will be used to make up in vitro diagnostic test kits.

ISSUE:

What is the proper classification of the merchandise at issue under the HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. The Harmonized System is a complete product classification system, and the goal of the Harmonized System is to place all goods that are imported into the specific classifications. In this context the word "goods" is used in its broadest sense to include all merchandise. The systematic detail is such that virtually all goods are classifiable by application of GRI 1, that is, according to the terms of the Headings and any relative Section or Chapter Notes.

Heading 3002, HTSUSA, provides for Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions; vaccines, toxins, cultures and similar products. The Explanatory Notes, which constitute the official interpretation of the tariff at the international level, provide that Heading 3002, HTSUS, covers the following products derived from blood: human normal immunoglobulin and fibrinogen. The test reagent, which is comprised of immunoglobulin and fibrinogen, is clearly covered within this Heading.

The control reagent, a bovine derivative, also fits within Heading 3002, HTSUS, which provides for animal blood prepared for therapeutic, prophylactic or diagnostic uses.

The paperboard analysis plates, would be properly classified in subheading 4823.90.6500, HTSUSA, which provides for other paper, paperboard: other, of coated paper or paperboard.

HOLDING:

The two reagent products at issue would be properly classified in subheading 3002.10.0050, HTSUSA, which provides for human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses: antisera and other blood fractions: other. The rate of duty on this product is free. The paperboard is properly classified in subheading 4823.90.6500, HTSUSA, which provides for other paper, paperboard: other, of coated paper or paperboard, other. The rate of duty is 5.6 percent ad valorem. If the product is of Brazilian origin, the paperboard is subject to temporary increases in duty.

Sincerely,

John Durant, Director
Commercial Rulings Division

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