CLA-2-05: RR: NC: SP: 231 R03056

Mr. Pablo Fel
Prost – Data Inc.
1854 Airline Drive (Suite 17A)
Nashville, TN 37210

RE: The tariff classification of human tissue specimens and urine samples from China, Argentina and Israel.

Dear Mr. Fel:

In your letter dated January 06, 2006, you requested a tariff classification ruling. The specific items in question consist of human prostate, bladder, gastrointestinal tract tissue specimens and urine samples from real patients that will be imported for diagnostic analysis only. You state that the tissue specimens will not be used for the purpose of developing any new drugs and will be shipped in formalin or in an alcohol - based fixative.

The applicable subheading for the prostate, bladder and gastrointestinal tract tissue specimens will be 0511.99.4070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit fit for human consumption: Other, Other, Other, Other.” The rate of duty will be 1.1 percent ad valorem. Note, however, that specimens of Israeli or Argentine origin may be eligible for preferential duty treatment under different trade programs.

First, articles classifiable under subheading 0511.99.4070, HTSUS, which are products of Israel may be entitled to duty free treatment under the United States-Israel Free Trade Agreement upon compliance with all applicable regulations.

Articles classifiable under subheading 0511.99.4070, HTSUS, which are products of Argentina may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

The applicable subheading for the urine samples will be 3825.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ”Residual products of the chemical or allied industries, not elsewhere specified or included; municipal waste; sewage sludge; other wastes specified in note 6 to this chapter: 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 is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This merchandise may also 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 30333, 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 Thomas Brady at 646-733-3030.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division