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NY 892605




December 13, 1993

CLA-2-38:S:N:N7:238 892605

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Ms. Carol Balogh
Micrologix International Ltd.
6761 Kirkpatrick Crescent
Victoria, British Columbia, Canada V8X 3X1

RE: The tariff classification of a rapid enzyme-linked immunosorbent assay (ELISA) test kit for the detection of bacterial kidney disease in fish, from Canada

Dear Ms. Balogh:

In your letter dated November 16, 1993, you requested a tariff classification ruling.

The product in question, the Micrologix Relisa-BKD kit, is a rapid enzyme-linked immunosorbent assay in-vitro test kit designed to detect the presence of bacterial kidney disease in farmed salmonid populations. The kit uses a highly sensitive polyclonal antibody system, in a convenient strip-well format, that detects the antigen produced by Renibacterium salmoninarum, the causative agent of bacterial kidney disease (BKD). You indicate that all the necessary antibodies and reagents of the kit are put up in a "wallet"-like case, which, in turn, is housed and transported in an insulated bag that holds the remaining components of the kit, such as pipettes, test tubes, and filters.

The applicable subheading for the subject merchandise 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 5 percent ad valorem.

Goods classifiable under subheading 3822.00.5090, HTS, which have originated in the territory of Canada, and are imported on or prior to December 31, 1993, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1994, with the implementation of the North American Free Trade Agreement (NAFTA), preferential tariff treatment for goods under the FTA will be discontinued.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 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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