The tariff classification of an Environmental Sampling Kit and Bio-spo Pre-moistened Cellulose Sponge, imported from Canada

NY B82063 February 28, 1997 CLA-2-38:RR:NC:2:238 B82063 CATEGORY: Classification TARIFF NO.: 3822.00.5090; 3821.00.0000 Mr. Stephen W. Marlow Tower Group International 205 West Service Road Champlain, NY 12919 RE: The tariff classification of an Environmental Sampling Kit and Bio-spo Pre-moistened Cellulose Sponge, imported from Canada Dear Mr. Marlow: In your letter dated February 11, 1997, on behalf of your client, Solar Biologicals Inc., you requested a tariff classification ruling. The first product, referred to as an Environmental Sampling Kit, is used to sample environmental surfaces in ready-to-eat food plants for Listeria and other pathogenic bacteria. A sample of the kit was furnished with your request. The kit consists of the following: a styrofoam box (which also serves as a shipping container); twenty, sterile, cellulose sponges, each pre-moistened with 10 ml of Neutralizing Buffer; twenty WHIRL-PAK plastic bags, the inside surfaces of which are sterile; twenty prs. of sterile, disposable, latex gloves, each individually wrapped (worn during the sampling procedure to maintain aseptic conditions); and a gel refrigerant pack. You have indicated, in a fax received by this office on February 27, 1997, that the sponges may also be pre-moistened with 10 ml of D/E Neutralizing Broth (culture medium) or 10 ml of Butterfield's Phosphate Buffer According to the descriptive literature supplied, the sponge is vigorously rubbed over the surface to be sampled, dropped in a WHIRL-PAK bag, and then immediately placed in the styrofoam box containing a frozen refrigerant pack. The box is then shipped to the laboratory for determination of the presence of pathogenic bacteria picked up by the sponge(s) during sampling. In our opinion, the essential character of the kit is imparted by the pre-moistened sponge component (a composite good), whose essential character, in turn, is imparted by the material used to moisten the sponge, (i.e., the Neutralizing Buffer, the D/E Neutalizing Broth, or the Butterfield's Phosphate Buffer, respectively). The second product, Bio-spo Pre-moistened Cellulose Sponge, consists of a sterile, cellulose sponge, in a sealed-foil packet, which has been pre-moistened with 10 ml of Neutralizing Buffer. As above, in their condition as imported, the sponges may also be pre-moistened with D/E Neutralizing Broth, or with Butterfield's Phosphate Buffer. In our opinion, the essential character of these pre-moistened sponges is imparted by the material used to moisten them (i.e., the Neutralizing Buffer, the D/E Neutralizing Broth, or the Butterfield's Phosphate Buffer, respectively). Pursuant to General Rule of Interpretation 3(b), HTSUS, the applicable subheading for the Environmental Sampling Kit, containing sponges moistened with either Neutralizing Buffer or Butterfield's Phosphate Buffer, will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006: Other: Other." The general rate of duty will be 2 percent ad valorem. Pursuant to General Rule of Interpretation 3(b), HTSUS, the applicable subheading for the Environmental Sampling Kit, containing sponges moistened with D/E Neutralizing Broth, will be 3821.00.0000, HTS, which provides for: "Prepared culture media for development of micro-organisms." The general rate of duty will be 5 percent ad valorem. Pursuant to General Rule of Interpretation 3(b), HTSUS, the applicable subheading for the Bio-spo Pre-moistened Cellulose Sponges, moistened with either Neutralizing Buffer or Butterfield's Phosphate Buffer, will be 3822.00.5090, HTS, which provides for: "Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006: Other: Other." The general rate of duty will be 2 percent ad valorem. Pursuant to General Rule of Interpretation 3(b), HTSUS, the applicable subheading for the Bio-spo Pre-moistened cellulose sponges moistened with D/E Neutralizing Broth will be 3821.00.0000, HTS, which provides for: "Prepared culture media for development of micro-organisms." The general rate of duty will be 5 percent ad valorem. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.  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 Cornelius Reilly at 212-466-5770. Sincerely, Gwenn Klein Kirschner Chief, Special Products Branch National Commodity Specialist Division