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NY R03027




January 23, 2006

CLA-2-38:RR:NC:2:238 R03027

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Mr. Stuart Jamieson
LiveMeter Technologies, Inc.
2930 Westlake Avenue North, Suite 100
Seattle, WA 98109

RE: The tariff classification of aquarium test strips from China

Dear Mr. Jamieson:

In your letter dated December 29, 2005, on behalf of your client, Virbac Corporation, you requested a tariff classification ruling.

As described in your letter, the imported merchandise consists of test strips for use in aquariums. The strips will be put up packaged for retail sale. One variant will measure the pH of the water, while another will measure the concentration of ammonia found in the water. Unlike single-use test strips, the subject strips are designed for continuous use over a 4-6 week period. The functional part of the strip consists of a nylon membrane containing a pH-sensitive dye. This “active” membrane is attached to a strip of Mylar™, which is then attached to a plastic holder. A color reference label and a suction cup, which holds the submerged test strip in place on the side of the aquarium, complete the article.

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

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, SW, Washington, D.C. 20460, telephone number (202) 554-1404. Alternatively, you may contact EPA Region I0 at 1200 Sixth Avenue, Seattle, WA 98101, telephone number (206) 553-1200.

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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