CLA-2 CO:R:C:F 951781 EAB
Mr. Thomas Czubak
Warner-Lambert Company
201 Tabor Road
Morris Plains, New Jersey 07950
Re: EPT Sticks; composite diagnostic reagents; NYRL 867972
revoked
Dear Mr. Czubak:
This is in reply to your letter dated May 7, 1992, in which
you request reconsideration of NYRL 867972 (December 2, 1991),
concerning the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) of pregnancy
test kits.
FACTS:
In the aforementioned ruling, you were advised that the EPT
Early Pregnancy Test Kit would be classifiable under subheading
3822.00.5090, HTSUSA, and bear duty at the column 1 general rate
of 5 percent ad valorem.
You have submitted additional information concerning the
chemical composition of the indicator strips and request
classification under subheading 3002.10.0050, a provision for,
inter alia, antisera and other blood fractions that may be
entered free of duty.
ISSUE:
What is the proper classification under the HTSUSA of EPT
pregnancy indicator kits?
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,
by the Additional U.S. Rules of Interpretation.
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 GRI's taken in order.
Heading 3822 covers composite diagnostic or laboratory
reagents, other than those of heading 3002. Heading 3002 covers,
among other substances and products, human blood, antisera and
other blood fractions, vaccines, toxins, cultures of micro-
organisms excluding yeasts, and similar products.
Since the additional information that you have provided
indicates that the EPT sticks are composed of both antisera and
antigens, we are of the opinion that the EPT kits are properly
classified under heading 3822 as other than a diagnostic reagent
of heading 3002. Also because of the presence of both antisera
and antigens, we are of the opinion that the kits are
classifiable under subheading 3822.00.1090, HTSUSA.
HOLDING:
EPT pregnancy testing kits containing antisera and antigens
are classifiable under subheading 3822.00.1090, a provision for
composite diagnostic or laboratory reagents, other than those of
heading 3002 or 3006; containing antigens or antisera; other.
Such merchandise is entitled to be entered free of duty.
This decision should be considered a revocation of NYRL
867972 pursuant to 19 CFR 177.9(d)(1).
Sincerely,
John Durant, Director