CLA-2-84:OT:RR:NC:1:120

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of SiliaChrom XT C18 HPLC Columns and SiliaSep Flash Cartridges from Canada

Dear Mr. Mulvihill:

In your letter dated April 15, 2010 you requested a tariff classification ruling on behalf of your client Silicycle.

The merchandise under consideration is SiliaChrom XT C18 HPLC Columns and SiliaSep Flash Cartridges. You submitted a sample of the SiliaChrom XT C18 HPLC Column, which is being returned upon your request. The SiliaChrom XT C18 HPLC Columns are specialized metal cartridges containing highly pure spherical silica particles used in the field of Biotechnology for quality control of antibodies and other biopharma products. They contain a separation media to separate polar compounds run at a very high pH (up to 12.0) at room temperature but also suitable for low pH (down to 1.5). It is silica coated with a prepolymer of methyltriethoxysilane/tetraethoxysilane, followed by special thermal treatment to get a rigid surface that is less soluble than silica itself. All columns are packed using a consistent slurry packing process to achieve a uniform and stable bed for maximum column efficiency, long lifetime and column-to-column reproducibility.

The SiliaSep Flash Cartridges are flash chromatography products used to purify samples of compounds, and reduce the number of false positives in screening, resulting in higher quality data. All SiliaSep Flash cartridges are universal closed-top disposable polypropylene cartridges made of fines-free UltraPure SiliaFlash packed with sorbents based on small particle size silica gel with the highest purity. SiliaSep™cartridges are used for packing and storage, and provide separation and tighter peaks. SiliCycle® SiliaSep™ cartridges are available in a wide variety of sorbents: normal phase, reversed-phase, ion exchanger, and fluorous phase.

You also requested classification for Carboxylic Acid and Silica Gel. Your inquiry does not provide enough information for us to give a classification ruling. Your request for a classification ruling should include product literature describing each chemical compound media and the function of each chemical. Please indicate whether the media are imported mixed and if so, please provide a complete chemical formula breakdown with the CAS number for each component as well as the percentage by weight of each component.

Specifically regarding the Silica Gel: Is this pure silica? Is this an organic or inorganic form of silica? Is it a mixture? Please identify the actual name of the product that you want classified. Please identify and supply the descriptive literature associated with the product. Supply the MSDS sheet for each product identifying the chemistry. In its imported condition, will the product be in a specialized column, cartridge, or a plain jar? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The applicable subheading for the SiliaChrom XT C18 HPLC Columns and SiliaSep Flash Cartridge will be 8421.29.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for filtering or purifying machinery and apparatus for liquids: other. The duty rate will be free. The 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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division