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NY C85997




April 8, 1998

CLA-2-38:RR:NC:2:238 C85997

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Ms. Betty J. Simmons
Animark, Inc.
876 Ventura Street
Aurora, CO 80011

RE: The tariff classification of Equitest test strips from France

Dear Ms. Simmons:

In your letter dated March 25, 1998, you requested a tariff classification ruling.

The submitted sample, Equitest test strips, consists of in-vitro plastic test strips put up in a plastic tube with a plastic stopper. Each tube contains 15 test strips. Each strip has four, paper squares permanently affixed to it, with each square (according to your letter) impregnated with the following compounds: Edetic Acid (ethylenediaminetetraacetic acid; EDTA); and Eriochrome Black T (3-hydroxy-4-[(1-hydroxy-2-naphthalenyl)azo]-7-nitro-1-naphthalenesulfonic acid monosodium salt; C.I. Mordant Black 11). According to The Merck Index, 12th Ed., Eriochrome Black T is used, among other things, as an indicator in the determination of the total calcium and magnesium content of water.

In a telephone conversation with a member of my staff, on April 3, 1998, you stated that the strips will be used to measure the quantity of calcium in the colostrum of a pregnant mare, in order to predict the arrival of a foal.

The applicable subheading for the subject test strips will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006: Other: Other." The rate of duty will be 1 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. 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 Part 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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski

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