CLA-2 CO:R:C:F 953405 EAB

R. Brian Burke, Esquire
Rode & Qualey, Attorneys at Law
295 Madison Avenue
New York, New York 10017

Re: Composite diagnostic and laboratory reagents; test strips or pads; HRL 088196

Dear Mr. Burke:

This is in reply to your letter dated February 10, 1993, in which you request on behalf of Boehringer Mannheim America a written ruling concerning the classification of certain composite diagnostic test strips under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Additional information was provided in your letter dated April 15, 1993 and during telephone conversations with this Office.

FACTS:

Of three forms of goods to be classified, the first, Sample I, is a composite reagent test paper for use in the manufacture of urinalysis test strips. Imported in rolls 6 millimeters wide and more than 200 meters long, the paper has been treated with a chemical mixture that includes inert ingredients, buffer/s and at least one diagnostic reagent. Once imported, the rolls will be affixed to plastic and cut into strips for use in the further manufacture of urinalysis test pads (see following description of the third of three forms of goods at issue.)

The second, Sample II, is a composite reagent test foil for use in the manufacture of blood glucose test strips. As imported, the foil consists of a plastic sheet coated with a chemical mixture of diagnostic reagents that will indicate blood sugar level. Following importation, the sheet is cut into strips six millimeters wide for use by diabetics.

The third, Sample III, is a fully manufactured urinalysis test strip consisting of a group of pads of treated papers of Sample I attached to a plastic strip. In other words, several different papers of form one, each with its own chemical indicator, are attached to plastic, such that one pad may be used to analyze one urine sample for multiple, specific conditions, and several such pads are included on a given strip represented by Sample III.

ISSUE:

Whether paper or plastic or paper and plastic diagnostic test strips treated with or without antigen or antisera are classified under heading 4811, 4823 or 3822, HTSUSA.

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. 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 otherwise requires, Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation as well as section and chapter notes are part of the HTSUSA 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.

The Explanatory Notes (Ens) to the Harmonized Commodity Description and Coding System represent the official interpretation of the Customs Cooperation Council on the scope of each heading, and, although neither binding upon the contracting parties to the Harmonized System Convention nor considered to be dispositive interpretations, they should be consulted on the proper scope of the System.

Heading 3822 describes, inter alia, "composite diagnostic and laboratory reagents" and thereunder Customs has recently classified a plastic strip treated with an antigen and other chemicals. See HQ 088196 (December 2, 1991) (subheading 3822.00.1090, HTSUSA.)

We find that Sample II is classifiable according to the terms of heading 3822; no evidence of antigens or antisera being present, we are of the opinion that subheading 3822.00.5090, HTSUSA, a provision for composite diagnostic or laboratory reagents other than those containing antigens or antisera, other, is descriptive of Sample II.

Heading 4811 describes, inter alia and with exceptions not applicable to this decision, "impregnated paper." The General Explanatory Note to Chapter 48, pertaining to impregnated paper and paperboard, states

Most * * * are obtained by treatment with oils, waxes, plastics, etc., in such a manner as to * * * give them special qualities (e.g., to render them waterproof, greaseproof, and sometimes translucent or transparent.) They are used largely for protective wrapping or as insulating materials.

We find that neither Sample I nor Sample III is "impregnated paper" of heading 4811.

Heading 4823 describes, inter alia, "other paper" and "other articles of coated paper". The General Explanatory Note to Chapter 48, pertaining to coated paper and paperboard, states

This term applies to paper or paperboard which has been given a coating on one or both sides either to produce a specially glossy finish or to render the surface suitable for particular requirements.

We find that neither Sample I nor Sample III is "coated paper" of heading 4823.

We are of the opinion that classification of merchandise represented by Samples I and III is governed by the principle announced in GRI 1, i.e., according to the terms of the headings of the tariff schedule. Heading 3822, a provision for composite diagnostic or laboratory reagents, describes Samples I and III.

HOLDING:

Merchandise represented by Sample II is diagnostic or laboratory composite reagents containing an antigen, whether or not on a backing, such as forms one and three described in the FACTS hereinabove, are classifiable under subheading 3822.00.1090, HTSUSA, a provision for composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006; containing antigens or antisera; other, and are to be entered free of duty.

Diagnostic or laboratory composite reagents not containing an antigen, such as form two described in the FACTS hereinabove, are classifiable under subheading 3822.00.5090, HTSUSA, a provision for composite diagnostic or laboratory reagents, other than those of heading 3002 or 3006; other; other, and are dutiable at the column one general rate of 5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division