The tariff classification of various Influenza Reagents from Great Britain

N179876 October 4, 2011 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3002.10.0190 Ms. Paula Swanson Sanofi Pasteur, Inc. Discovery Drive Swiftwater, PA 18370 RE: The tariff classification of various Influenza Reagents from Great Britain Dear Ms. Swanson: In your letter dated August 10, 2011, you requested a tariff classification ruling. We apologize for the delay as the information submitted was sent to our Laboratory for analysis. The first product, Influenza Anti-B/Florida/4/2006 HA Serum Reagent with NIBSC code: 07/356 consists of sheep antisera. The second product, Influenza Anti-A/Brisbane/10/2007 (H3N2)-Like HA Reagent with NIBSC code: 08/246 consists of sheep antisera. The third product, Influenza Anti A/Brisbane/59/2007 (IVR 148) (H1N1) HA serum Reagent with NIBSC code: 10/120 consists of sheep antisera. The fourth product, Influenza Anti-A/Perth/16/09-like HA serum Reagent with NIBSC code: 10/182 consists of sheep antisera. The last product, Influenza Anti-A/Californai/7/2009 (H1N1) HA serum Reagent with NIBSC code: 11/110 consists of sheep antisera. In your letter, you state all five of these products will be imported from the National Institute of Biological Standards and Controls and are intended for in vitro laboratory use in the Flu hemagglutination inhibition (HAI) assay. The applicable subheading for the various sheep antisera influenza reagents with NIBSC code: 07/356, 08/246, 10/120, 10/182 and 11/110 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. Your inquiry does not provide enough information for us to give a classification ruling on Influenza Anti-B/Brisbane/60/08 HA serum with NIBSC code 11/136. We need additional information in order to issue a ruling on this product. Please submit the technical literature on this product. 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 Judy Lee at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division