CLA-2-38:S:N:N7:238 893495

Ms. Janet F. Conley
American Laboratory Products Company
P.O. Box 451
Windham, NH 03087

RE: The tariff classification of a Melatonin Radioimmunoassay Kit from Germany

Dear Ms. Conley:

In your letter dated November 8, 1993, resubmitted on December 17, 1993, you requested a tariff classification ruling.

The subject merchandise, referred to as 125I Melatonin RIA, consists of an in-vitro radioimmunoassay, in test-kit form, for the quantitative determination of melatonin in serum and plasma. The kit contains, among other things, the following components: 1) lyophilized 125I-Tracer 2) lyophilized anti-melatonin antiserum from rabbit, and 3) anti-rabbit IgG antiserum from goat in PEG-phosphate buffer with stabilizing additives. The assay procedure follows the basic principle of radioimmunoassay, whereby there is competition between a radioactive and a non-radioactive antigen for a fixed number of antibody binding sites. The applicable subheading for the subject merchandise will be 3822.00.1090, 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: other. The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport