CLA-2-30:S:N:N7:238 886906

Ms. Mary Ann Markoski
Radiometer, Inc.
811 Sharon Drive
Westlake, OH 44145-1598

RE: The tariff classification of four in-vitro diagnostic test kits from Australia

Dear Ms. Markoski:

In your letter dated May 23, 1993, you requested a tariff classification ruling. Since our records indicate that the Serobact Salmonella kit was previously ruled on in PC 884814, issued to your firm on April 20, 1993, this ruling is limited to the following test kits: 1) Serobact E. coli 0157 2) Serobact Staph 3) Serobact C. difficile and 4) Serobact Legionella.

Serobact E. coli 0157 is a rapid latex slide agglutination test for the identification of verocytotoxin-producing Escherichia coli 0157:H7. Each kit contains (among other things) specific antisera, derived from rabbits and coated onto latex particles.

Serobact Staph is a rapid latex slide agglutination test for the identification of Staphylococcus aureus. Each kit contains (among other things) plasma (containing fibrinogen) and immunoglobulin G, derived from rabbits and coated onto latex particles.

Serobact C. difficile is a rapid latex slide agglutination test for the identification of Clostridium difficile. Each kit contains (among other things) specific immunoglobulin G to Clostridium difficile, which is derived from rabbits and coated onto latex particles.

Serobact Legionella is a rapid latex slide agglutination test for the identification of Legionella pneumophila serogroup 1 and serogroups 2-13. Each kit contains (among other things) rabbit-derived antisera, which is coated onto latex particles. The applicable subheading for all four products will be 3002.10.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for antisera and other blood fractions: other. The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport