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NY 869463


December 19, 1991

CLA-2-38:S:N:N1-F:238 869463

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5000

Ms. Mary Ann Markoski
Radiometer America Inc.
811 Sharon Drive
Westlake, OH 44145

RE: The tariff classification of Qualicheck 3 quality control reagents from Denmark.

Dear Ms. Markoski:

In your letter dated November 26, 1991, you requested a tariff classification ruling.

Qualicheck 3 is comprised of four "levels" (i.e., four different solutions) of organic buffers in aqueous solutions. Each "level" is contained in an ampoule. A specially formulated dye solution added to two of the "levels" checks oximetry parameters. The four "levels" are designated as follows: S3030 (level 1), S3040 (level 2), S3050 (level 3), and S3060 (level 4). Qualicheck 3 is used to monitor the performance of the Radiometer models ABL510 and ABL500 analyzers. By introducing the solutions using the same method and along the same pathway as a blood sample, the results give independent verification of analyzer performance. Qualicheck 3 detects protein buildup in the analyzer's measuring chamber via the use of calcium ions, which bind with protein deposits resulting in lower pH readings. Inserts featuring bar codes are included with Qualicheck 3, and, when used in connection with the bar code reader option on the ABL510 analyzer, reduce the need for manually entered information.

The applicable subheading for the Qualicheck 3 will be 3822.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for composite diagnostic or laboratory reagents other than those of heading 3002 or 3006: other. The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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