CLA-2-90:OT:RR:NC:N3:135

Mr. Prashant Khade
NextGen BioProducts
6076 Corte Del Cedro
Carlsbad, California 92011

RE: The tariff classifications of DNA polymerase sets and a pre-mixture from India.

Dear Mr. Khade:

In your letter dated July 31, 2020, you requested a tariff classification ruling. Additional information was provided via email on August 10, 2020.

The five products under consideration are identified as Taq DNA Polymerase, Taq DNA Polymerase KIT, Taq DNA Polymerase Pre-Mix, Pfu DNA Polymerase, and Pfu Plus DNA Polymerase used for in-vitro scientific research purposes only, not for clinical diagnostic procedure or use. They will be used in polymerase chain reaction (PCR) to synthesize and amplify new strands of DNA in molecular biology experiments. Taq DNA plymerase, Pfu DNA polymerase, and Pfu Plus DNA polymerase are recombinant thermostable enzymes.

Product #1 (Taq DNA Polymerase) consists of two tubes packed in a retail box as a set. One tube contains Taq DNA polymerase mixed with a storage buffer composed of glycerol, water, NaCl, sodium phosphate dibasic, sodium phosphate monobasic, EDTA (CAS # 6381-92-6), and DTT (CAS # 3483-12-3). The other tube contains a 10X reaction buffer composed of water, KCL, Tris HCl (CAS# 1185-53-1), MgCl2, and Tween 20 (CAS # 9005-64-5).

Product #2 (Taq DNA Polymerase Kit) consists of three tubes packaged together for retail sale as a set. Tube 1 has Taq DNA polymerase mixed with a storage buffer (see Product 1). Tube 2 has a 10X reaction buffer and its composition is consistent with Product 1. Tube 3 is a mixture of water, dATP (CAS # 1927-31-7), dCTP (CAS # 02783-51-7), dGTP (CAS # 93919-41-6) and dTTP (CAS # 18423-43-3). Product #3 (Taq DNA Polymerase Pre-Mix) is a pre-mix solution including Taq DNA polymerase, water, KCL, Tris HCl, Tween 20, MgCl2, dATP, dCTP, dGTP, and dTTP in a tube. Five tubes are packed together for retail sale.

Product #4 (Pfu DNA Polymerase) consists of two tubes packaged together for retail sale as a set. One tube contains Pfu DNA polymerase mixed with a storage buffer whose composition consists of glycerol, water, KCl, Tris HCl, Tween 20, EDTA, and DTT. The other tube contains a 10X reaction buffer consisting of water, Tris HC1, (NH4)2SO4, Triton X-100 (CAS # 9002-93-1), BSA (CAS # 9048-46-8), and MgSO4.

Product #5 (Pfu Plus DNA Polymerase) also consists of two tubes packaged together for retail sale as a set. One tube contains Pfu Plus DNA polymerase mixed with a storage buffer composed of glycerol, water, NaCl, Tris HCL, EDTA, DTT, and BSA. The other contains a 5X reaction buffer comprised of glycerol, water, NaCl, Tris HC1, EDTA, BSA, and DTT.

The applicable subheading for products 1, 4, and 5 listed above will be 3507.90.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "[e]nzymes; prepared enzymes not elsewhere specified or included: [o]ther." The general rate of duty will be free.

The applicable classification for products 2 and 3 will be 3822.00.5095, HTSUS, which provides for “[d]iagnostic 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: [d]iagnostic 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: [o]ther: [o]ther.” The general rate of duty will be free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at (202) 554-1404, by e-mailing to [email protected], or by visiting their website at www.epa.gov.

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 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 Fei Chen at [email protected]

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division