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NY 814069




November 1, 1995

CLA-2-38:R:N2:238 814069

CATEGORY: CLASSIFICATION

TARIFF NO.: 3913.90.2050; 3822.00.5090

Barry V. McCleary, Ph.D., D.Sc.Agr.
Megazyme (Aust) Pty. Ltd.
2/11 Ponderosa Parade
Warriewood (Sydney)
N.S.W., 2102, Australia

RE: The tariff classification of Arabinoxylan, in powder form; "Xylazyme AX" tablets; and "Azo-Xylan (Birchwood)" powder, from Australia

Dear Dr. McCleary:

In your letter dated August 21, 1995, you requested a tariff classification ruling.

The first product consists of a white powder labeled "Arabinoxylan", which is a polysaccharide. According to the submitted literature, it is obtained from wheat flour. The second product consists of greyish-blue tablets labeled "Xylazyme AX". The tablets contain wheat arabinoxylan, a dye, and lactose. The submitted literature indicates that the wheat arabinoxylan, which is dyed and crosslinked,is the active ingredient in "Xylazyme AX", and functions as the "substrate" for detecting the presence of the enzyme, xylanase. The third product consists of a blue powder labeled "Azo-Xylan (Birchwood)". It contains purified birchwood xylan, and a dye. According to the descriptive literature, it also functions as the "substrate" for detecting the presence of the enzyme, xylanase. The products are used to measure xylanase activity in microbial preparations, animal feeds, and bread improver mixtures.

The applicable subheading for the first product will be 3913.90.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polysaccharides and their derivatives: Other." The rate of duty will be 5.8 percent ad valorem. The applicable subheading for the second and third products will be 3822.00.5090, 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 and/or the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact the Food and Drug Administration at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553. You may contact the Environmental Protection Agency, Office of Pesticides and Toxic Substances, at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404) or EPA Region II at (908) 321-6669.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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