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HQ 956567




July 19, 1994

CLA-2 CO:R:C:F 956567 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

R. Brian Burke, Esquire
Rode & Qualey, Attorneys at Law
295 Madison Avenue
New York, New York 10017

RE: "Chemstrip bG"; "Chemstrip 9U"; composite diagnostic and laboratory reagents; test strips or pads; HRL 953405; "Micral"

Dear Mr. Burke:

This is in further reply to your letter dated May 10, 1994, on behalf of Boehringer Mannheim America, and recent telephone conversations with this Office, which, taken together, we consider to be a request for a written ruling concerning the classification of certain composite diagnostic test strips known as "Chemstrip bG" and "Chemstrip 9U" under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

"Chemstrip bG" is a fully manufactured paper or foil backed composite diagnostic or laboratory reagent that indicates blood sugar level. It does not contain antigens or antisera.

"Chemstrip 9U" is a fully manufactured paper or foil backed composite diagnostic or laboratory reagent that is used in urinalysis. It does not contain antigens or antisera.

ISSUE:

What is the classification of diagnostic or laboratory test strips known as "Chemstrip bG" and "Chemstrip 9U"?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. Tariff classification 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, Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation as well as section and chapter notes are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

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 GRIs taken in order.

Heading 3822 describes, inter alia, "composite diagnostic and laboratory reagents" and thereunder Customs has recently classified a plastic strip treated with an antigen and other chemicals. See HQ 088196 (December 2, 1991) (subheading 3822.00.1090, HTSUSA), and HQ 953405 (May 3, 1994) ("Micral" test strips containing antigens or antisera, subheading 3822.00.1090, HTSUSA).

No evidence of antigens or antisera being present, we are of the opinion that subheading 3822.00.5090, HTSUSA, a provision for composite diagnostic or laboratory reagents other than those containing antigens or antisera, other, is descriptive of "Chemstrip bG" and "Chemstrip 9U".

HOLDING:

"Chemstrip bG" and "Chemstrip 9U" are 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, and are dutiable at the column one general rate of 5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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