CLA-2-30:S:N:N7:238 810394

Brian S. Goldstein, Esq.
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of "T.R.U.E. TEST" allergen patch test, from Denmark

Dear Mr. Goldstein:

In your letter dated May 15, 1995, on behalf of your client, Glaxo Inc. ("Glaxo"), you requested a tariff classification ruling.

According to your letter, the subject merchandise, "T.R.U.E TEST" allergen patch test, refers to a thin-layer, rapid-use, epicutaneous test-system containing 24 of the most common allergens suspected of causing allergic contact dermatitis. Each test consists of two pieces of surgical tape containing polyester patches (twelve per piece) that are coated with a film containing a uniformly-dispersed, specific allergen or allergen mix. Each test is covered by a protective sheet, and sealed in a pouch of laminated foil. The patch test is administered by placing the two pieces of patch-containing surgical tape on the patient's back for a minimum of 48 hours. Upon return to the doctor, the patient is examined for signs of allergic reaction. The applicable subheading for the subject product will be 3006.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for diagnostic reagents designed to be administered to the patient: containing antigens or antisera. The rate of duty will be free.

This merchandise may be subject to the regulations of the 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport