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NY 811653




June 29, 1995

CLA-2-38:S:N:N7:238 811653

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Barry V. McCleary, PhD., DScAgr.
Megazyme (Aust) Pty. Ltd.
2/11 Ponderosa Parade
Warriewood (Sydney)
N.S.W., 2102, Australia

RE: The tariff classification of six diagnostic test kits, from Australia

Dear Dr. McCleary:

In your letter dated June 6, 1995, you requested a tariff classification ruling.

The six subject products are diagnostic test kits, for use in the food and agricultural industries.

The first product, Mixed Linkage -Glucan Assay Kit, is used for the measurement of 1,3:1,4- -D-glucan in cereal grains, milling fractions, wort and beer. The second product, Glucose Assay Kit, is used for the assay of glucose in cereal extracts. The third product, Ceralpha:à-Amylase Assay Kit, is used for the specific measurement of à-amylase in cereal grains and fermentation broths (fungal and bacterial). The fourth product, Betamyl: -Amylase Assay Kit, is used for the measurement of - amylase in cereal flours and malts. The fifth product, Starch Damage Assay Kit, is used for the measurement of starch damage in wheat flour. The sixth product, Total Starch Assay Kit, is used for the measurement of total starch in cereal flours and food products.

The applicable subheading for all six test kits will be 3822.00.5090, 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: Other." The rate of duty will be 4 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 (301) 443-6553.

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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