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NY R01040




November 9, 2004

CLA-2-30:RR:NC:2:238 R01040

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.10.0190

Mr. Oscar Lejarraga
Araclon Biotech SL
Calle San Miguel 15, 2B
Zaragoza, Spain 50001

RE: The tariff classification of β-Amyloid 1-42 ELISA, Human (hAβ42 ELISA) from Spain

Dear Mr. Lejarraga:

In your letter dated November 4, 2004, you requested a tariff classification ruling.

According to the submitted Technical Bulletin, the subject product, β-Amyloid 1-42 ELISA, Human (hAβ42 ELISA), is a solid-phase sandwich Enzyme-Linked Immunosorbent Assay (ELISA) used for in vitro quantitative determination of human β-Amyloid 1-42 (hAβ42) protein in serum, cell culture supernatants and other biological samples. The product is put up in kit form, and is intended for R & D use only. In our opinion, the essential character of the kit is imparted by the antibody reagents contained therein.

Pursuant to E.N. 38.22, HTS, the applicable subheading for the subject product will be 3002.10.0190, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antisera and other blood fractions and modified immunological products, whether or not obtained by biotechnological processes: Other.” The rate of duty will be free.

This merchandise may be subject to the rules and regulations of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, located at 1600 Clifton Rd., Atlanta, GA 30333. You may contact them, by telephone, at: (404)-639-3311.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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