CLA-2-38:OT:RR:NC:1:239
Sidney Mintzer
Mayer Brown, LLP
1999 K Street, NW
Washington, DC 20006
RE: The Tariff Classification of Bioline ISOLATE II Genomic DNA Kit and ISOLATE II Plasmid Mini Kit
Dear Mr. Mintzer:
In your letter dated January 29, 2016, you requested a tariff classification ruling on behalf of your client, Bioline, USA, Inc. The information was submitted to the CBP laboratory for analysis. We apologize for the delay.
You state that the subject merchandise, Bioline ISOLATE II Genomic DNA Kit and ISOLATE II Plasmid Mini Kit, are reliable and fast methods for isolating high quality DNA from a variety of sample sources. The DNA isolation kits contain the following:
Proteinase K and its related buffer solution
Spin column containing a silica membrane
Lysis buffers
Two wash buffers
Elution Buffer
Collection tubes
Additionally, you state that the isolation procedure is based on the following steps:
1. The samples are lysed in chaotropic salt ions in the presence of Proteinase K.
2. Ethanol is added and processed through a mini spin column containing a silica membrane to which the DNA molecules bind.
3. Contaminants and impurities are removed by several washing steps with two different buffers.
4. Purified DNA is eluted in an elution buffer.
Further, you state that your product should be classified in subheading 3822.00.5090, HTSUS, which provides for Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials: Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006: Other.
Based upon our laboratory review, the Bioline ISOLATE II Genomic DNA Kit and ISOLATE II Plasmid Mini Kit are used to isolate and purify genomic DNA and are based upon adsorption chromatography process, a fundamentally physical application versus a specific chemical reaction. Therefore, these kits are precluded from heading 3822 and will be classified elsewhere.
The applicable classification for Bioline ISOLATE II Genomic DNA Kit and ISOLATE II Plasmid Mini Kit will be in subheading 3824.90.9295, HTSUS, which provides for Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem.
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/current.
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 Patrick Day at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division