CLA-2-38:OT:RR:NC:N3: 135

Annemarie Castillo
G & C Brokers, Inc
9210 SW 11 ST Miami, FL 33174

RE: The tariff classification of a BPF SPA Rapid Kit from Spain

Dear Ms. Castillo:

In your letter dated March 14, 2023, you requested a tariff classification ruling on behalf of Asphalion.  We apologize for the delay as the information submitted was sent to our laboratory for analysis.

The “BPF SPA Rapid Kit”  is used to detect somatic coliphages which indicate the presence of fecal pollution in water.   The kit contains all the elements required to assess microbial water quality.  The product is composed of (1) modified Scholten’s Broth (MSB) media supplemented with 0.05 percent of L-arabinose, 0.5 percent of glycerol, 15 µl of 1M CaCl and 0.1 mg/ml of X-glucuronide (5-Bromo-4-chloro-3- indolyl ß-D-glucuronic acid cyclohexylammonium salt), (2) lyophilised E. coli strain, and (3) PBS (Phosphate-Buffered Saline).  The PBS and the E. coli host strain are provided in a small double-twist vial with septum (not in contact with each). The media (in powder) is provided in a bottle with a dispensing bottle cap.  According to the laboratory report, the product is a reagent kit that undergoes an observable change in the presence of coliphages.

The applicable subheading for the “BPF SPA Rapid Kit will be 3822.19.0080”, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[d]iagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, whether or not put up in the form of kits, other than those of heading 3006 ... [d]iagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, whether or not put up in the form of kits: [o]ther: [o]ther: [o]ther.” The general 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 at https://hts.usitc.gov/current

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 800-471-7127, by e-mailing to [email protected], or by visiting their website at www.epa.gov.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Fei Chen at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division