The tariff classification of a genome amplification kit and enzyme from Italy

N179577 September 2, 2011 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.:3822.00.5090; 3507.90.7000 Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washingto, DC 20004 RE: The tariff classification of a genome amplification kit and enzyme from Italy Dear Mr. Lewis: In your letter dated August 8, 2011, you requested a tariff classification ruling on behalf of Silicon Biosystems, Inc. The subject product consists of two different articles. The products are used in a polymerase chain reaction process. The first is called the Silicon Biosystems’ Ampli1™ WGA Kit. The second is called Enzyme 4 for Ampli1™ WGA Kit . The first product, Silicon Biosystems’ Ampli1™ WGA Kit, is stated to be a research product for genome amplification which is packaged together with the corresponding Enzyme 4. The kit consists of 13 tubes the contents of which are used in different proportions to facilitate the different reactions required at various stages of the PCR process. Twelve of the tubes consist of reagents, enzyme solutions, buffer solutions and water. The additional tube contains the Enzyme 4 product. You indicate that the Enzyme 4 product is itemized separately for licensing constraints but all are sold together in condition as imported and not repacked. The second product Enzyme 4 for Ampli1™ WGA Kit (Enzyme 4 ) consists of one of the enzymes required to carry out the polymerase chain reaction. Specifically it is known as DNA Polymerase. You indicate its purpose is to provide “feed back” catalysis and to assist in the synthesis of new DNA strands.You indicate that when imported separately the DNA polymerase is imported in a plastic vial inside a plastic container. Merchandise imported into the United States is classified under the HTSUSA. The tariff classification of merchandise under the HTSUSA is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.In pertinent part, GRI 3 directs that: When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows: (a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods. (b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. (c) When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. The applicable subheading for the will be Silicon Biosystems’ Ampli1™ WGA 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. The applicable subheading for the Enzyme 4 for Ampli1™ WGA Kit when imported separately will be 3507.90.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Enzymes; prepared enzymes not elsewhere specified or included: 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 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 at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division