United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 HQ Rulings > HQ 965548 - HQ 967478 > HQ 966768

Previous Ruling Next Ruling
HQ 966768




June 8, 2006

CLA-2 RR:CTF:TCM 966768 AM

CATEGORY: CLASSIFICATION

TARIFF NO.: 3906.90.50, 3914.00.60

Port Director
U.S. Customs and Border Protection
Port of San Francisco
555 Battery Street
San Francisco, CA 94111

RE: Protest 2809-03-100425; Q Ceramic Hyperd F, CM Ceramic HyperD F; S Ceramic HyperD F, DEAE Ceramic HyperD F, and Methyl Ceramic HyperD F.

Dear Port Director:

This is our decision on Protest 2809-03-100425, filed by counsel, on behalf of Ciphergen Biosystems, Inc., against your decision in the classification and duty determination, under the Harmonized Tariff Schedule of the United States (HTSUS), of HyperD ceramic chromatography sorbents.

FACTS:

The five chromatography sorbents that are the subject of this protest, Q Ceramic Hyperd F, CM Ceramic HyperD F; S Ceramic HyperD F, DEAE Ceramic HyperD F, and Methyl Ceramic HyperD F, are a range of chromatographic sorbents used for the purification and preparation of protein substances in the laboratory or in industry, the final destination being related to the particle size and particle size distribution (small particles are used at laboratory scale, large particles for high productivity at industrial scale). They are designed for separation in aqueous solutions.

In general, Ceramic HyperD media are composite materials in bead form consisting of a co-polymeric crosslinked network (hydrogel) distributed inside the pores of a rigid, mineral (mixture of sintered zirconium and calcium silicates) "ceramic" support (substrate). The substrate acts as a solid skeleton, while the hydrogel polymer governs the exchange mechanism for macromolecule or particle adsorption. The polymer provides a tridimensional network for the capture of separated molecules. It is insoluble in any solvent, thus preventing the loss of any captured molecules. Affinity ligands are chemically attached to the hydrogel polymers at one end, leaving the other end free to react with the targeted substance to form a complex or coordination compound with that substance. The presence of specific ligands induces, at given pH and ionic strength conditions, a selective adsorption, through the bead-hydrogel structure carrying the ligand, of molecules such as proteins. The adsorbed proteins can then be selectively eluted at precise conditions designed for affinity separation.

The merchandise was entered on July 14, 2002. In accordance with New York Ruling Letter (NY) D84806, dated November 18, 1998, issued to importers predecessor in interest, Q Ceramic Hyperd F, CM Ceramic HyperD F; S Ceramic HyperD F, DEAE Ceramic HyperD F were classified in subheading 3914.00.60, HTSUS, the provision for “Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms: Other.” In accordance with NY D84807, dated December 9, 1998, also issued to importers predecessor in interest, Methyl Ceramic HyperD was classified in subheading 3822.00.5090, HTSUS, which provides for "[d]iagnostic 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: [o]ther: [o]ther." The merchandise was liquidated on May 30, 2003, under subheading 3824.90.91, HTSUS, the provision for “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other.” The protest was timely filed on August 28, 2003, claiming classification of the goods as entered.

ISSUE:

Are chromotography sorbents “analytical reagents” of heading 3822, HTSUS, or are they classified as to their essential character in headings 3906 and 3914, HTSUS?

LAW AND ANALYSIS:

Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs.

In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989).

The HTSUS provisions under consideration are as follows:

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; certified reference materials:

Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006:

3822.00.50 Other

3824 Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included:

Other:

Other:

Other:

Other:

3824.90.91 Other:

3906 Acrylic polymers in primary forms:

Other

Other

3906.90.5000 Other

3914 Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms:

3914.00.6000 Other

Protestant was in possession of two valid rulings, NY D84806 and NY D84807, on the exact merchandise that is the subject of this protest. Therefore, the protest must be allowed.

However, pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by Title VI, a notice was published in the March 15, 2006, CUSTOMS BULLETIN, Volume 40, Number 12, proposing to revoke Headquarters Ruling Letter (HQ) 962429, dated October 13, 1999, and New York Ruling Letter (NY) D84807, dated December 9, 1998, and to revoke any treatment accorded to substantially identical transactions. No comments were received in response to that notice. Publication of the final revocation of NY D84807, by HQ 967095, dated May 8, 2006, can be found in the Customs Bulletin, Vol. 40, No. 23.

The analysis in HQ 967095 is incorporated here by reference. There, we noted the following:

The hydrogel completely encloses the substrate. Therefore, the nature of each sorbent product only depends upon the composition of the hydrogel and is not affected by any potential chromatographic activity of the substrate. The hydrogel contains the ligand that captures the intended molecule whereas the porous mineral ceramic particles act as a rigid skeleton that improves the functioning of these products as chromatography media. Hence, under GRI 3(b), the essential character of the separation media is imparted by the hydrogel. This means that for the non-ion exchangers, Methyl Ceramic HyperD®, Heparin HyperD® 20m, Heparin HyperD® M, Blue Ceramic HyperD®, Lysine Ceramic HyperD® chromatographic media, only heading 3906, HTSUS, the provision for “acrylic polymer” describes the material that gives the product its essential character.

Using GRI 3(b), as described above, we found that the hydrogel imparts the article with its essential character. However, the hydrogel in Q Ceramic Hyperd F, CM Ceramic HyperD F; S Ceramic HyperD F, DEAE Ceramic HyperD F is an ion-exchanging separation media. Since heading 3914 specifically includes polymers of headings 3901 through 3913, a product fitting descriptions of both headings 3906 and 3914, HTSUS, must be classified as an ion-exchanger of heading 3914, HTSUS, as the more specific heading under GRI 3(a). Hence, the ion-exchanging sorbents at issue here are classified in heading 3914, HTSUS, rather than in heading 3906, HTSUS.

For the reasons stated in HQ 967095, Methyl Ceramic HyperD F is classified in subheading 3906.90.50, HTSUS, the provision for "Acrylic polymers in primary forms: Other: Other: Other." The remaining sorbents that are the subject of this protest remain classified in 3914.00.60, HTSUS, as ion-exchangers, in accordance with NY D84806.

HOLDING:

The protest is ALLOWED. Methyl Ceramic HyperD® chromatographic media, in bulk form, is classified in subheading 3906.90.50, HTSUS, the provision for "Acrylic polymers in primary forms: Other: Other: Other." Q Ceramic Hyperd F, CM Ceramic HyperD F; S Ceramic HyperD F, DEAE Ceramic HyperD F are classified in subheading 3914.00.60, HTSUS, the provision for “Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms: Other.”

In accordance with the Protest/Petition Processing Handbook (CIS HB, January 2002, pp. 18 and 21), you are to mail this letter together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of this letter, the Office of Regulations and Rulings will make these letters available to CBP personnel, and to the public on the CBP Home Page on the World Wide Web at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

Myles B. Harmon, Director

Previous Ruling Next Ruling

See also: