CLA-2-38:OT:RR:NC:N2:238

Ms. Paula Swanson
Sanofi Pasteur Inc.
Discovery Drive
Swiftwater, PA 18370

RE: The tariff classification of Bordetella pertussis PT (LPF) anti-serum (mouse) Non WHO certified reference material from Great Britain

Dear Ms.Swanson:

In your letter dated November 11, 2010, you requested a tariff classification ruling.

The subject product, Bordetella pertussis PT (LPF) anti-serum (mouse) will be imported from the National Institute for Biological Standards and Control as a certified reference material. You state in your letter, that it will be used as a reference standard for in vitro laboratory work and will only be used for basic scientific research. You also state that it is not intended to treat, diagnosis, prevent or cure any disease, injuries and conditions in humans.

The applicable subheading for the Bordetella pertussis PT (LPF) anti-serum (mouse) will be 3822.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 30.02 or 30.06; certified reference materials: Certified reference materials.” The rate of duty will be free.

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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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
Director
National Commodity Specialist Division