CLA-2-38:OT:RR:NC:N2:238
Mr. Sydney H. Mintzer
Mayer Brown LLP
1999 K Street, NW
Washington, DC 20006-1101
RE: The tariff classification of MyTaq™ Extract-PCR Kit from various countries
Dear Mr. Mintzer:
In your letter dated January 29, 2016 and follow-up letter dated June 20, 2016, on behalf of your client, Bioline, you requested a tariff classification ruling. We apologize for the delay as the information was submitted to our laboratory for analysis.
MyTaq™ Extract-PCR Kit consists of Buffer A, Buffer B and My Taq HS Red Mix packaged together in kit form. In your letter, you stated that MyTaq™ Extract-PCR Kit offers a rapid, easy and safe way for the extraction and amplification by PCR of DNA from a variety of tissue types. The extraction and PCR amplification of the target DNA from the sample is done in a continuous process. Buffers A and B are mixed together to allow for the extraction of the DNA. The extracted DNA is then subsequently amplified using the supplied MyTaq HS Red Mix. In your letter, you stated that the MyTaq HS Red Mix is a high performance PCR mastermix containing a type of DNA polymerase, deoxynucleotides (dNTPs), buffers, enhancers and stabilizers.
According to our laboratory, Buffer A consists of a mixture of surfactants, salts, and pH regulating agents that work together in order to lyse the cells of the tissue. Buffer B consists of a mixture of preservatives, salts, and pH regulating agents that will stabilize and preserve the nucleic acids. MyTaq HS Red Mix consists of a mixture of surfactants, buffers, nucleoside triphosphates, and DNA polymerase. Adding this mix to the extracted nucleic acids allows for the subsequent amplification of the extracted DNA using the polymerase chain reaction (PCR). The amplification of the DNA is a measureable chemical reaction.
In this case, the MyTaq HS Red Mix impart the essential character to the kit. The addition of this mix will allow for the amplification of the DNA. Specifically, the dNTPs in this mix, are the building blocks of DNA which will be reacted to synthesize new strands of DNA and consumed during the chemical reaction.
The applicable subheading for the MyTaq™ Extract-PCR Kit will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006: Other: 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 https://hts.usitc.gov/current.
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 Judy Lee at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division