CLA-2-39:RR:NC:N2:237 C88765

TARIFF NO: 3906.90.5000; 3913.90.2050; 3914.00.6000

Mr. Michael V. Pascal

BioSepra Corporation

111 Locke Drive

Marlborough, MA 01752

RE: The classification of various DEAE-, CM- and SP-Trisacryl;

DEAE-, CM- and SP-Spherodex; and Ultrogel-A and -AcA

filtration gels from France.

Dear Mr. Pascal:

In your letter dated June 1, 1998 you requested a

tariff classification ruling of various filtration gels used in ion exchange chromatography for the separation of biological molecules.

DEAE-Trisacryl-M; DEAE-Trisacryl-LS; DEAE-Trisacryl-Plus-M; DEAE-Trisacryl-Plus-LS; CM-Trisacryl-M; CM-Trisacryl-LS;

SP-Trisacryl-M; SP-Trisacryl-LS; SP-Trisacryl-Plus-M; and

SP-Trisacryl-PLUS-LS ion-exchange resins are synthesized by the copolymerization of a primary monomer, N-acryloyl-2-amino-2-

hydroxymethyl-1,3-propanediol, and an acrylic cationic or anionic monomer derivative. The ionizable functional groups are cationic in the DEAE- (diethylaminoethyl) Trisacryl gels; and anionic in the CM- (carboxyl) and SP- (sulfonate) Trisacryl gels. The extremely hydrophilic nature of the matrix provides for the fixation and elution of proteins due solely to ion exchange phenomena. The primary monomer acts as a rigid framework and the functional monomer assures the ion exchange properties. The presence of three hydroxymethyl groups on each primary monomer results in a high degree of hydrophilicity.

The applicable subheading for all ten Trisacryl gels will

be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ion-exchangers based on polymers of headings 3901 to 3913, in primary forms: other. The rate of duty is 3.9 percent ad valorem.

CM-Spherodex-M and CM-Spherodex-LS are anionic exchange resins consisting of macroporous silica beads coated with cross-

linked dextran to which free carboxylic acid groups are attached. DEAE-Spherodex-M and DEAE-Spherodex-LS are cationic exchange resins consisting of macroporous silica beads coated with cross-

linked dextran to which dimethylaminoethyl groups are attached.

SP Spherodex M and LS are anionic exchange resins consisting of macroporous silica beads coated with cross-linked dextran to which free sulfonic acid groups are attached. They are used in the purification of enzymes and other proteins. The presence of the hyhrophilic polymer, which completely covers the silica, results in a high degree of hydrophilicity.

The applicable subheading for all six Spherodex products will be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ion-exchangers based on polymers of headings 3901 to 3913, in primary forms: other. The rate of duty is 3.9 percent ad valorem.

Ultrogel-AcA54; and Ultrogel-AcA202 are each composed of a mixed matrix of polyacrylamide and agarose which combine the high resolution of polyacrylamide and the rigidity of agarose. In each of these the polyacrylamide portion predominates over the agarose.

The applicable subheading for Ultrogel-AcA54; and Ultrogel-

AcA202 will be 3906.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for acrylic polymers in primary forms: other: other: other. The rate of duty is 4.2 percent ad valorem.

Ultrogel-AcA22; Ultrogel-AcA34; and Ultrogel-AcA44 are each composed of a mixed matrix of polyacrylamide and agarose which combine the high resolution of polyacrylamide and the rigidity of agarose. Agarose is a polysaccharide gel that acts as a sieve. In each of these, the agarose exists in equal or predominate proportion to the polyacrylamide. Ultrogel-A2; Ultrogel-A4; and Ultrogel-A6 are each composed of pure agarose.

The applicable subheading for Ultrogel-AcA22; Ultrogel-

AcA34; Ultrogel-AcA44; Ultrogel-A2; Ultrogel-A4; and Ultrogel-A6 will be 3913.90.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers and modified natural polymers not elsewhere specified or included, in primary forms: polysaccharides and their derivatives: other. The rate of duty is 5.8 percent ad valorem.

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 F. Cantone at 212-

466-5488.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division