CLA-2-38:R:N2:238 815127
David M. Murphy, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP
245 Park Avenue
New York, NY 10167-0002
RE: The tariff classification of Prosep affinity chromatography
media, in bulk form, from England
Dear Mr. Murphy:
In your letter dated September 22, 1995, on behalf of your
client, Bioprocessing Ltd., you requested a tariff classification
ruling.
The subject products, Prosep-A , Prosep-G , Prosep-Thisorb ,
Prosep-Thisorb-M , Prosep-Remtox , Prosep -Lysine, Prosep -
Heparin, and Prosep -Gelatin, consist of microporous glass beads
onto which various substances, referred to as "affinity ligands",
have been immobilized. You indicate in your letter that an
impure input solution containing the substance to be isolated is
made to pass through the appropriate Prosep product, resulting
in the affinity ligand attaching to the substance which is to be
extracted from the solution. Prosep-A , Prosep-G , Prosep-
Thisorb , and Prosep-Thisorb-M are used for the purification of
antibodies; Prosep-Remtox is used for the removal of endotoxins
from substances such as antibiotics, vitamins, and proteins;
Prosep -Lysine uses immobilized lysine for the purification of
plasminogen and tPA from plasma; Prosep -Heparin uses immobilized
heparin for the purification of clotting factors; and Prosep -
Gelatin uses immobilized gelatin for purifying fibronectins.
With respect to Prosep-A , Prosep-G , Prosep-Thisorb , and
Prosep-Thisorb-M , we are of the opinion that the affinity ligand
portion of each of these products acts in the capacity of an
"antigen" to which the immunoglobulins bind.
The applicable subheading for Prosep-A , Prosep-G , Prosep-
Thisorb , and Prosep-Thisorb-M will be 3822.00.1010, Harmonized
Tariff Schedule of the United States (HTS), which provides for:
"Composite diagnostic or laboratory reagents, other than those of
heading 3002 or 3006: Containing antigens or antisera." The rate
of duty will be free. The applicable subheading for Prosep-
Remtox , Prosep -Lysine, Prosep -Heparin, and Prosep -Gelatin
will be 3822.00.5090, HTS, which provides for: "Composite
diagnostic or laboratory reagents, other than those of heading
3002 or 3006: Other: Other." The rate of duty will be 4 percent
ad valorem.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (301)
443-6553.
This ruling is being issued under the provisions of Section
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 C.
Reilly at 212-466-5770.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division