CLA-2 CO:R:C:F 952049K
Tariff No.: 3913.90.20
Robert J. Fields
Assistant Secretary
FMC Corporation
1735 Market Street
Philadelphia, Pennsylvania 19103
RE: Request Under 19 U.S.C. 1516, For Information Concerning the
Classification of Agarose
Dear Sir:
In your letter dated June 19, 1992, you stated that as a
manufacturer of agarose, your company is a domestic interested
party under 19 U.S.C. 1516 for purposes of obtaining information
as to the classification of the merchandise. You indicated the
probable ports of entry as Baltimore, San Francisco, Los Angeles,
and New York and the probable entry of the merchandise as agar-
agar, under subheading 1302.31,00, Harmonize Tariff Schedule of
the United States (HTSUS), column one rate of duty at 3 percent ad
valorem or the special provision, free of duty. A sample and
literature were submitted. Our informational response follows and
a copy of this response will be sent to the probable ports of
entry.
FACTS:
The inquirer states that agarose is a natural polysaccharide
extracted from agar, which is a gelatinous extract of certain
marine red algae. Agarose is manufactured by removing certain
molecules from agar, leaving the uncharged solid as a dried powder.
The stated primary use of agarose is as a medium for separating
proteins and nucleic acids and it is also used as a medium for
chromatography and for growth mammalian and hybridoma cell
cultures.
ISSUE:
How does the Customs Service classify agarose under HTSUS?
-2-
LAW AND ANALYSIS:
Agar-Agar is provided for by name under 1302.31.00, HTSUS.
However, in the facts cited above, agar is used as raw material to
manufacture agarose, a new article of commerce. A New York Ruling
(NY 872137) dated March 25, 1992, under the authority of Part 177
of the Customs Regulations, also concerned the classification of
agarose. The ruling stated that
Agarose (CAS number 9012-36-6) is a complex
polysaccharide, which is derived from agar. Agar can be
separated into a neutral gelling fraction (agarose) and
a sulfated non-gelling fraction (agaropectin). Agarose
is used in electrophoresis for separating DNA fragments.
...[and] used as a reagent in laboratory testing... .
The ruling, which classified agarose under subheading
3913.90.2050, HTSUS, represents the position of the Customs Service
and is responsive to your request for information under 19 U.S.C.
1516.
HOLDING:
Agarose, in powdered form, is classifiable in subheading
3913.90.2050, HTSUS, which provides for natural polymers...and
modified natural polymers..., not elsewhere specified or included,
in primary forms: other: polysaccharides and their derivatives:
other, dutiable under the column one rate of duty at 5.8 percent
ad valorem.
Sincerely,
John Durant
Director
Commercial Rulings Division