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NY R04137




September 8, 2006

CLA-2-38:RR:E:NC:2:239 R04137

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800, 2929.90.1500, 3204.90.0000

Mr. Jacob H. Beckman
Caminol Industries, LLC
P.O. Box 5394
Chula Vista, CA 91912

RE: The tariff classification of 5’-DMT-2’-Deoxyuridine Glycolate CPG; MMT C6 Amidite (CAS 114616-27-2); 5(6)-Carboxy Tamra (CAS 98181-63-6); 5-Carboxy Tamra (CAS 91809-66-4); and 6-Carboxy Tamra (CAS 91809-67-5) from Mexico.

Dear Mr. Beckman:

In your letter dated June 6, 2006, you requested a tariff classification ruling for the above products which you have stated are all chemical precursors to reagents used to manufacture and label synthetic DNA.

The applicable subheading for 5’-DMT-2’-Deoxyuridine Glycolate CPG (Chemical Name – 5’-DMT-2’Deoxyuridine Glycolate covalently bound to controlled pore glass particles) will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The general rate of duty will be 6.5 percent ad valorem. You suggest in your inquiry that 5’-DMT-2’-Deoxyuridine Glycolate CPG should be classified in subheading 2934.99.3900, HTSUS. However, the addition of the controlled pore glass particles precludes classification as a separate chemically defined compound of chapter 29.

The applicable subheading for MMT C6 Amidite (Chemical Name – 6-(4-Monomethoxytritylamino)Hexyl-(2-Cyanoethyl)-(N,N-Diisopropyl)-Phosphoramidite) will be 2929.90.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Compounds with other nitrogen function: Other: Other: Aromatic: Products described in additional U.S. note 3 to section VI. The general rate of duty will be 6.5 percent ad valorem.

The applicable subheading for 5(6)-Carboxy Tamra (Chemical Name – 5(6)-Carboxytetramethylrhodamine); 6-Carboxy Tamra (Chemical Name – 6-Carboxytetramethylrhodamine); and 5-Carboxy Tamra (Chemical Name – 5-Carboxytetramethylrhodamine) will be 3204.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic coloring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores; whether or not chemically defined: Other.” The general rate of duty will be 5.9 percent ad valorem.

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 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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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