CLA-2-39:OT:RR:NC:N2:237

Mr. Chris Koscick
Regulatory Affairs Specialist
Affymetrix/USB Corp.
26111 Miles Road
Warrensville Heights, OH 44128

RE: The tariff classification of Dextran (CAS-9004-54-0) from Canada.

Dear Mr. Koscick:

In your letter dated January 28, 2010, you requested a tariff classification ruling.

Dextran is a natural polysaccharide polymer. The article will be imported solely for research and development.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 3913 (4) is applicable to your products and provides for: the classification of polymers (including co-polymers, natural polymers, polysaccharides and their derivatives), chemically modified polymers and polymer blends.

The applicable subheading for Dextran (CAS-9004-54-0) will be 3913.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins chemical derivatives of natural rubbers), not elsewhere specified or included, in primary forms: other: polysaccharides and their derivatives. The rate of duty will be 5.8%, ad valorem.

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. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov

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 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 Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division