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 Various Chemical Compounds from China and Switzerland

Dear Mr. Sondov-Gold:

In your letter dated May 15, 2018, you requested a tariff classification ruling. You requested a binding Tariff classification ruling on the following five products. You indicate they are all used for research at laboratories and universities. You provided the following information on the five items under review.

Item 1 Neomycin Sulfate is a broad-spectrum aminoglycoside antibiotic isolated from Streptomyces species. It is used to reduce the risk of infection during surgery of the bowel. It can also be used in a variety of cell culture applications. It targets gram-negative and gram-positive bacteria. Neomycin can also be used as a selection agent for prokaryotic cells transformed with the neo gene or NPT II resistance gene and to study toxic antibacterial side effects. In addition, neomycin is a calcium channel protein inhibitor and DNase I inhibitor. It will imported in powder form.

Item 2 Thiazolyl blue tetrazolium bromide (also known as MTT, CAS # 298-93-1) is a common dye used in Cell Proliferation assays or Cell Growth assays. MTT is converted to water-insoluble, dark blue MTT-formazan by mitochondrial dehydrogenases of living cells. The intensity of the color can then be measured calorimetrically at a wavelength of 570 nm. The product is imported as a yellow-orange powder. The product's country of origin is China.

Item 3 Adenosine-5'-triphosphate, Disodium trihydrate (also known as ATP, CAS # 51963-61-2) is used as a coenzyme in multiple reactions as well as a substrate for multiple kinases where it helps to propagate a signal either inside or outside of the cell. The product is imported as a white crystalline powder. The product's country of origin is China.

Item 4 5-Fluoroorotic acid monohydrate (also known as 5-FOA, CAS # 220141-70-8) is widely used in the field of yeast molecular genetics. The toxicity of 5-FOA to yeast cells with a functioning URA3 gene which encodes orotidine-5'-P decarboxylase (OMP decarboxylase), makes it especially useful for the selection and identification of mutant yeast strains. The product is imported as an off-white to yellowish crystalline powder. The product's country of origin is China.

Item 5 Phenylmethylsulfonyl fluoride (also known as PMSF, CAS # 329-98-6) is a serine protease inhibitor that irreversibly inhibits serine proteases by sulfonylation of the serine residue in the active site of the protease. It is widely used in protocols for the isolation of proteins. The product is imported as a white crystalline powder. The product's country of origin is Switzerland and China.

The applicable subheading for the Neomycin Sulfate will be 2941.90.1010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Antibiotics: Other: Natural: Aminoglycoside antibiotics." The rate of duty will be free.

The applicable subheading for the Thiazolyl blue tetrazolium bromide (CAS # 298-93-1) will be 3204.16.5000, HTSUS, which provides for “Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to chapter 32 based on synthetic organic coloring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: other. Reactive dyes and preparations based thereon: The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the Adenosine-5'-triphosphate, Disodium trihydrate (CAS # 51963-61-2) will be 2934.99.3900 HTSUS, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the 5-Fluoroorotic acid monohydrate (CAS # 220141-70-8) will be 2933.59.9500, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atoms(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Other: Other: Other.” The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the Phenylmethylsulfonyl fluoride (CAS # 329-98-6) will be 2904.99.4700, HTSUS, which provides for “Sulfonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated: Other…Aromatic: Other.” The rate of duty will be 5.5 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.

The Neomycin Sulfate may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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 Paul.Hodgkiss@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division