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NY I87236





October 21, 2002

CLA-2-30:RR:NC:2:238 I87236

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.10.0190; 9802.00.8066

S. Richard Shostak, Esq.
Stein Shostak Shostak & O’Hara
515 South Figueroa Street, Suite 1200
Los Angeles, CA 90071-3329

RE: The tariff classification, country of origin, and country of origin marking of ANSWER QUICK & SIMPLE® One-Step Ovulation Test, assembled in and imported from Mexico; ARTICLE 509

Dear Mr. Shostak:

This is in response to your letter dated October 4, 2002, on behalf of your client, Scantibodies Laboratory, Inc., requesting a ruling on the tariff classification and country of origin of ANSWER QUICK & SIMPLE® One-Step Ovulation Test. A sample was submitted with your request.

You indicate the following in your letter: “Please be advised that our client will import one additional Ovulation Predictor Test, which will bear the name ‘Answer Quick and Simple® One-Step Ovulation Test,’ a sample of which is included for your examination. This kit consists of the same components which will be processed in the same manner in Mexico and which will perform the same functions as the products the subject of NY I85913.” For the record, we note that NY I85913, which was issued to you, on behalf of your client, Scantibodies Laboratory, Inc., on September 18, 2002, ruled on the tariff classification, country of origin, and country of origin marking of the FIRST RESPONSE® 1-Step Ovulation Predictor Test (in addition to the FIRST RESPONSE® Early Result Pregnancy Test and the ANSWER QUICK & SIMPLE® Early Pregnancy Test).

Accordingly, based on the submitted sample and your representation of the facts, as noted above, surrounding the perspective importation of the subject product, it is our determination that, like the products ruled on in NY I85913, the applicable subheading for the ANSWER QUICK & SIMPLE® One-Step Ovulation Test will be 3002.10.0190, HTS, which provides for “Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes: Other.” The rate of duty will be free. Furthermore, based on your representation of the facts, as noted above, surrounding the perspective importation of the subject product, we find that, like the products ruled on in NY I85913, the joining or fitting together, in Mexico, of the fabricated components comprising the subject product is a qualified assembly operation under subheading 9802.00.80, HTS, and, as such, an allowance may be made for the cost or value of the U.S. components upon compliance with the documentation requirements of §10.24 of the Customs Regulations. Finally, again, pursuant to your representation of the facts, as noted above, surrounding the perspective importation of the subject product, it is our determination that, like the products ruled on in NY I85913, the country of origin of the subject product is the United States and, as such, is not subject to the country of origin marking requirements of Part 134 of the Customs Regulations. We reiterate that, as indicated in NY I85913, any questions you may have concerning the satisfaction of any statutory labelling requirements imposed by and under the jurisdiction of the FDA should be discussed with that agency. Therefore, like NY I85913, this ruling is limited solely to a determination of the country of origin and country of origin marking requirements, for Customs’ purposes, for the subject product.

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 301-443-1544.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. Part 181).

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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