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HQ 956442


July 25, 1994

CLA-2 CO:R:C:F 956442 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.1090

Ms. Janet F. Conley
American Laboratory Products Company
P.O. Box 451
Windham, New Hampshire 03087

RE: Cellular Antigen Stimulation Test kit (CAST ELISA) from Switzerland; NYRL 886319 affirmed; sulfidoleukotriene (sLT): sLT antigen; sLT antibody

Dear Ms. Conley:

This is in response to your letter dated August 18, 1993, requesting modification of New York Ruling Letter (NYRL) 886319, dated June 8, 1993, in which Customs held that an in-vitro Cellular Antigen Stimulation Test kit used to quantify sulfidoleukotrienes was classifiable under subheading 3822.00.5090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), dutiable at the column one general rate of 5 percent ad valorem.

FACTS:

In NYRL 886319, Customs determined, based upon the information presented with the underlying request for a binding ruling, that the aforesaid kit, containing a dextran solution, interleukin 3, incubation buffer, stimulation control, capture antibody coated microtiter plate, sulfidoleukotriene standard, blanking reagent, enzyme label, wash buffer, carbonate buffer, substrate tablets and stop solution was classifiable under subheading 3822.00.5090, HTSUSA, a provision for "Composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006: Other, Other."

You have now provided additional information to the effect that the "sulfidoleukotriene standard" is, more specifically, a sulfidoleukotriene (sLT) enzyme conjugate that functions as the antigen that binds with the free sLT monoclonal antibody/ies in the sample, enabling quantitative analysis of the sLT antibody/ies.

ISSUE:

What is the classification of an in-vitro Cellular Antigen Stimulation Test kit containing antigens and used to quantify sulfidoleukotriene (sLT) antibodies?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. The tariff classification of merchandise under the HTSUSA is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order.

Based upon the additional information that you have provided and which we must regard as materially different from the information that gave rise to NYRL 886319, we are of the opinion that the subject merchandise is classifiable under subheading 3822.00.1090, HTSUSA, which covers in part composite diagnostic reagents containing antigens, to be entered free of duty.

HOLDING:

An in-vitro Cellular Antigen Stimulation Test kit (CAST ELISA) containing antigens and used to quantify sulfidoleukotriene (sLT) antibodies is classifiable under subheading 3822.00.1090, HTSUSA, a provision for composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006: containing antigens or antisera: other.

Merchandise classified under the foregoing subheading is entitled to be entered free of duty.

NYRL 886319 is affirmed. Copies of NYRL 886319 and of this Ruling must be presented with each entry of the subject merchandise. This ruling, covering essentially a different product, is being issued in accordance with Section 177.1, Customs Regulations (19 CFR 177.1).

Sincerely,

John Durant, Director

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