The tariff classification of an enzyme preparation from New Zealand

N336109 November 8, 2023 CLA-2-35:OT:RR:NC:N3 135 CATEGORY: Classification TARIFF NO.: 3507.90.7000 Patrick Wightman Synthase Biotech Ltd 10 Bisley RoadHamilton 3214New Zealand RE:  :  The tariff classification of an enzyme preparation from New Zealand Dear Mr. Wightman: In your letter dated October 24, 2023, you requested a tariff classification ruling.  Additional information was provided via email on November 7, 2023. Aloxsyn® Embryo is an enzyme preparation consisting of an active ingredient Aloxsyn® (allene oxide synthase, enzyme) in a liquid mix of trehalose (cryoprotectant), sodium chloride (enzyme stabilizer), tris (pH stabilizer), Triton-X 100 (enzyme stabilizer), and water.  It is crimson red in color and will be imported frozen in single use 2ml vials.  Several vials will be securely packaged alongside a product leaflet inside a snap lock container.  The product will be used as an animal In-Vitro Production (IVP) media additive across a variety of species, including bovine, that targets lipid peroxides in assisted reproductive technology applications. The applicable subheading for the Aloxsyn® Embryo will be 3507.90.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[e]nzymes; prepared enzymes not elsewhere specified or included: [o]ther: [o]ther.” 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 at https://hts.usitc.gov/current. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA).  Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], or by visiting their website at www.epa.gov. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Fei Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division