CLA-2-30:OT:RR:NC:2:238
Mr. Lance Ford
BIOO Scientific
3913 Todd Lane, Suite 312
Austin, TX 78744
RE: The tariff classification of MaxSignal® Trifluralin ELISA Test Kit
Dear Mr. Ford:
In your letter dated October 12, 2012, you requested a tariff classification ruling.
The subject product, MaxSignal® Trifluralin ELISA Test Kit, is a competitive immunoassay for the quantitative analysis of Trifluralin in fish, shrimp and meat. Trifluralin is a pre-emergence herbicide that is applied to the soil for the control of a variety of annual grass and broadleaf weed species. Trifluralin can persist in soil for many months after it is used and it is highly toxic to aquatic animals. According to the test kit’s manual submitted to this office, the procedure method is based on a competitive colorimetric ELISA assay. The trifluralin conjugate has been coated in the plate wells. During the analysis, a sample is added along with the primary antibody specific for trifluralin. If the target is present in the sample, it will compete for the antibody, thereby preventing the antibody from binding to the trifluralin attached to the wells. The secondary antibody, tagged with a peroxidase enzyme, targets the primary antibody associated with the trifluralin coated on the plate wells. The resulting color intensity, after addition of substrate, has an inverse relationship with the target concentration in the sample. MaxSignal® Trifluralin ELISA Test Kit has the capacity for 96 determinations or testing of 42 samples in duplicate. The kit contains a Trifluralin coated plate (1x96-well Plate), Trifluralin negative controls, Trifluralin sample suspension solution, Trifluarlin antibody #1, 100X HRP-Conjugated Antibody #2, 20X wash solution, stop buffer and TMB substrate. Pursuant to Explanatory Note 30.02(C)(2)(c), HTSUS, the antibody-conjugate imparts the essential character to the kit.
The applicable subheading for the MaxSignal® Trifluralin ELISA Test Kit will be 3002.10.0290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes: Other.” 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 merchandise may be subject to the rules and regulations of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, located at 1600 Clifton Rd., Atlanta, GA 30333. You may contact them, by telephone, at: (404) 639-3534 / (800) 311-3435.
This merchandise may also 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 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 Judy Lee at (646) 733-3033.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division