The tariff classification of samples of human serum from France

N131695 November 16, 2010 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3002.10.0190 Ms. Paula Swanson Sanofi Pasteur Inc. Discovery Drive Swiftwater, PA 18370 RE: The tariff classification of samples of human serum from France Dear Ms. Swanson: In your letter dated November 8, 2010, you requested a tariff classification ruling. The subject products, samples of human serum will be imported in 1 ml and have been tested for antibodies to rabies, measles, mumps rubella and varicella. These samples include both positive and negative for antibodies against the tested virus. You state in your letter that the product will be used as controls to measure anti-rabies, anti-measles, anti-mumps, anti-rubella or anti-varicella levels in human serum by enzyme linked immunosorbent assays (ELISAs) or functional assays and rabies fluorescent foci inhibition test. You also state that the samples are not used for diagnostic or therapeutic purposes but rather used strictly for quantitative determination of the various antisera levels in the human serum. The applicable subheading for the samples of human serum will be 3002.10.0190, 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 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division