CLA-2-29:OT:RR:NC:N1:140
Mr. Noah Sondov-Gold
Gold Biotechnology, Inc.
1328 Ashby Road
St. Louis MO 63132
RE: The tariff classification of D-Trehalose, and Phosphinothricin from China
Dear Mr. Sondov-Gold:
In your letter dated May 30, 2018, you requested a tariff classification ruling. Your ruling request consists of two chemical products from China. You provided the following information for the two products:
Item 1
D-Trehalose (also known as Mycose, Tremalose, CAS #6138-23-4) is a natural disaccharide used in cell culture. Trehalose helps cells maintain stability in situations with high temperatures or acidity. Trehalose can be used as a carbon source. The product is imported as a white to off-white crystalline powder. The product's country of origin is China.
Item 2
Phosphinothricin (CAS #77182-82-2) is a broad-spectrum herbicide that acts as a competitive inhibitor of glutamine synthetase. It is also known as glufosinate-ammonium. You indicate that the instant product acts as an inhibitor in certain processes in plants relating to ammonium accumulation. The product is imported as an off-white powder. The product's country of origin is China.
You indicate that these “products are sold to scientists for research use. These reagents are for laboratory research use only at universities and in industry. They are not for use in human or animals in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. They are not for the use as food or with food or food ingredients for human or animal consumption.”
You refer to these products as reagents. However, for purposes of Tariff classification, the instant products are separately identifiable organic compounds of Chapter 29 (HTSUS). As such, they would not be classified under Heading 3822. The Explanatory Notes for Heading 3822 provide (in part) that:
“The heading also excludes the following reagents, whether or not put up in forms for use as diagnostic or laboratory reagents:
(a) Goods of headings 28.43 to 28.46 and 28.52 (see Note 1 to Section VI);
(b) Products covered by Note 1 to Chapter 28 or Note 1 to Chapter 29;’’
The applicable subheading for the D-Trehalose will be 2940.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their salts, other than products of heading 2937, 2938 or 2939: Other.” The rate of duty will be 5.8 percent ad valorem.
The applicable subheading for the Phosphinothricin (CAS #77182-82-2) will be 2931.39.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other organo-inorganic compounds:Other organo-phosphorous derivatives:Other: 2-Amino-4-[hydroxy(methyl)phosphonoyl] butanoic acid (glufosinate) and its salts and esters. The rate of duty will be 3.7 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 the World Wide Web at https://hts.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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division