CLA-2-29:OT:RR:NC:N3:140
Ms. Gina Prestone
Brooks Automation Inc.
15 Elizabeth Drive
Chelmsford, MA 01824
RE: The tariff classification of DNA Oligonucleotides from China
Dear Ms. Prestone:
In your letter dated July 28, 2020, and previous request dated May 21, 2020, you requested a tariff classification ruling on behalf of your subsidiary, GENEWIZ.
You state that the nucleic acids, subject to this request, consist of DNA oligonucleotides, which are
small fragments of single stranded DNA, and plasmids that are bigger fully circular double stranded DNA. All of the synthesized DNA is artificial in origin and has been synthesized “in a GENEWIZ lab.” You indicate that the instant products consist of Deoxyribonucleic Acid (CAS# 9007-49-2).
The DNA oligonucleotides are artificially made single stranded DNA molecules. They are indicated to have a molecular weight between 5000-70,0000 g/mol or 16-200 nucleotides in length. They are used for polymerase chain reactions, DNA sequencing, and gene synthesis. The DNA is indicated to be strictly for pharmaceutical or academic research purposes. The DNA will be shipped in either a liquid or a dry form. The liquid DNA is suspended in either molecular grade deionized water or TE buffer (water + Tris-EDTA). TE buffer helps solubilize and protects the DNA from degrading. When the DNA is shipped dry, it prepared by air drying in a vacuum. Both preparations of this product are to be imported in a 2ml screw cap tube.
Additional information provided in your resubmission states that the DNA oligonucleotides, in condition as imported, are only in individual sized organic strands, and that they do not consist of mixtures of the fragments of DNA and plasmids.
You suggest classification for the instant product is under tariff subheading 2934.99., Harmonized Tariff Schedule of the United States (HTSUS). We agree with that determination.
The applicable subheading for the DNA Oligonucleotides will be 2934.99.9001, HTSUS, which provides for Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Other: Other: Other. The General rate of duty will be 6.5 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 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