CLA-2-32:OT:RR:NC:2:236

Mr. Ashley Davis
Cytoskeleton Inc.
1830 S. Acoma Street
Denver, CO 80223

RE: The tariff classification of “SiR-actin,” “SiR-tubulin,” and “Cytoskeleton Kit” from Switzerland

Dear Mr. Davis:

In your ruling request received March 4, 2015, you requested a tariff classification ruling on “SiR-actin,” “SiR-tubulin,” and “Cytoskeleton Kit.”

Your submission describes the three products at issue as follows: “SiR-actin; a fluorescent conjugate of jasplakinolide.” “SiR-tubulin; a florescent conjugate of paclitaxel.” “Cytoskeleton Kit; a kit containing both reagents 1+2 above.”

You state that these products “are used in the research laboratory setting to stain cells and tissue for actin and tubulin proteins.”

In your letter, you have suggested classification under Heading 3822, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 30.02 or 30.06”; however, we have found that to be incorrect. The applicable subheading for “SiR-actin,” “SiR-tubulin,” and “Cytoskeleton Kit” will be 3204.90.0000, HTSUS, which provides for Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic coloring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: Other. The general rate of duty will be 5.9 percent 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 Nuccio Fera at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division