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NY N010747




May 9, 2007

CLA-2-32:RR:NC:2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.90.0000

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of CyDye™ DIGE Fluor minimal dye labeling kits from Germany

Dear Ms. Kelly-Kobayashi:

In your letter dated April 30, 2007, on behalf of your client, Becton Dickinson & Company, you requested a tariff classification ruling.

CyDye™ DIGE Fluor minimal dyes are described as fluorescent cyanine dyes, namely Cy™2, Cy™3 and Cy™5. They are specifically designed for detecting protein abundance differences in 2-D Fluorescence Difference Gel Electrophoresis (2-D DIGE) using the Ettan™ DIGE system. CyDye™ DIGE Fluor minimal dyes are used to label proteins within a different number of samples that are subsequently separated using 2-D gel electrophoresis. Each protein is labeled with one of the CyDye™ DIGE Fluors, the labeled samples are combined, run on an isoelectric focusing (IEF) gel, and then separated by size by sodium dodecyl sulphate (SDS) gel electrophoresis. The term “minimal dye” refers to the high sensitivity of the dyes that allows for a minimal labeling approach. The imported CyDye™ DIGE Fluor minimal labeling kit consists of three separate vials containing 5 nanomoles each of the Cy2, Cy3 and Cy5 minimal dyes,

You submit that the dyes are classifiable within subheading 3204.90.0000. We agree. These are pure dyes, not mixed with any other component(s) in their condition as imported. Their function is to label proteins by covalent attachment to the protein molecules. The dyes themselves do not undergo any measurable or observable changes.

The applicable subheading for the CyDye™ DIGE Fluor minimal dye labeling kits 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 rate of duty will be 5.9 percent ad valorem.

These products may be subject to the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency (EPA) Information on the Toxic Substances Control Act (TSCA) can be obtained by calling the Region II office of the EPA at (212) 637-3526, or by visiting the EPA’s website at www.epa.gov.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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