HQ 085969: Monostaph kit products

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                         HQ 085969

                          March 2, 1990

CLA-2:CO:R:C:G  085969  SER

CATEGORY:  Classification

TARIFF NO.: 3002.10.0050; 4823.90.6500

Mr. D. Craig Howell
Meridian Diagnostics, Inc.
3471 River Hills Drive
Cincinnati, OH  45244

RE:  Monostaph kit products

Dear Mr. Howell:

     This is in reference to your letter of November 7, 1989,
requesting the tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), of products
which comprise your in vitro diagnostic test kit called
Monostaph.

FACTS:

     The merchandise at issue are components of an in vitro
diagnostic kit called Monostaph, which will be used in clinical
laboratories to determine if a patient has a staph-type
infection.  The products will be imported from Norway, and
consist of the following:

     1. Ten liters of a test reagent of monodisperse
     particles that are coated with immunoglobulin G (1gG)
     and fibrinogen.

     2. Three liters of a control reagent of monodisperse
     particles coated with bovine serum albumin.

     3. Fifty thousand analysis plates, each of which is a
     coated printed paperboard that is 3 1/2 inches by 2 1/2
     inches.

     After importation into the United States, these products
will be used to make up in vitro diagnostic test kits.

ISSUE:

     What is the proper classification of the merchandise at
issue under the HTSUSA?


                               -2-



LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI), taken in order.  The
Harmonized System is a complete product classification system,
and the goal of the Harmonized System is to place all goods that
are imported into the specific classifications.  In this context
the word "goods" is used in its broadest sense to include all
merchandise.  The systematic detail is such that virtually all
goods are classifiable by application of GRI 1, that is,
according to the terms of the Headings and any relative Section
or Chapter Notes.

     Heading 3002, HTSUSA, provides for Human blood; animal blood
prepared for therapeutic, prophylactic or diagnostic uses;
antisera and other blood fractions; vaccines, toxins, cultures
and similar products.  The Explanatory Notes, which constitute
the official interpretation of the tariff at the international
level, provide that Heading 3002, HTSUS, covers the following
products derived from blood: human normal immunoglobulin and
fibrinogen.  The test reagent, which is comprised of
immunoglobulin and fibrinogen, is clearly covered within this
Heading.

     The control reagent, a bovine derivative, also fits within
Heading 3002, HTSUS, which provides for animal blood prepared for
therapeutic, prophylactic or diagnostic uses.

     The paperboard analysis plates, would be properly
classified in subheading 4823.90.6500, HTSUSA, which provides for
other paper, paperboard: other, of coated paper or paperboard.

HOLDING:

     The two reagent products at issue would be properly
classified in subheading 3002.10.0050, HTSUSA, which provides for
human blood; animal blood prepared for therapeutic, prophylactic
or diagnostic uses: antisera and other blood fractions: other.
The rate of duty on this product is free.  The paperboard is
properly classified in subheading 4823.90.6500, HTSUSA, which
provides for other paper, paperboard: other, of coated paper or
paperboard, other.  The rate of duty is 5.6 percent ad valorem.
If the product is of Brazilian origin, the paperboard is subject
to temporary increases in duty.

                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division