CLA-2-30:RR:NC:2:238 R01773

Ms. Areti Karadimos
Bio S & T
5020 Fairway Street, Suite 220
Montreal, Quebec, H8T 1B8 Canada

RE: The tariff classification of a BAC Library from Canada

Dear Ms. Karadimos:

In your letter dated April 7, 2005, you requested a tariff classification ruling.

The subject product, referred to as a BAC (Bacterial Artificial Chromosome) Library, consists of plastic plates containing 384 wells, each of which is filled with a colony of E. coli bacterial cells in a culture medium. (You indicate in your letter that the libraries may also be shipped in 1.5 ml tubes.)

The bacterial cells making up each colony contain plasmids incorporating “foreign” (e.g., human, animal) DNA fragments inserted into them. These recombinant plasmids, commonly known as BAC vectors, are then replicated in the bacteria (along, of course, with the bacterial chromosome) with each successive cell division. This results in the production of millions of copies of the “foreign” DNA fragment, since it is an integral part of the recombinant plasmid (BAC vector). This process provides an important means of analyzing the genomes of higher organisms. BAC libraries containing large genomic DNA inserts are important tools for positional cloning, physical mapping and genome sequencing. Although the plates (or tubes) will always be shipped frozen and on dry ice, you indicate that the bacterial cells remain viable.

The applicable subheading for the subject product will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for, among other things, cultures of micro-organisms (excluding yeasts) and similar products. The rate of duty will be free.

This merchandise may be subject to the regulations of the U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, Office of Health and Safety, Biosafety Branch. You may contact them at 1600 Clifton Road, Atlanta, GA, telephone number 404-633-5313.

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski
National Commodity
Specialist Division