CLA-2-38:OT:RR:NC:2:238

Ms. Deborah Stern
Sandler, Travis & Rosenberg, P.A.
1000 NW 57th Court, Suite 600
Miami, FL 33126

RE: The tariff classification of Ammonia/Ethanol/CO2 Calibrator, from Germany

Dear Ms. Stern:

In your letter dated April 24, 2015, on behalf of your client, Roche Diagnostics Operations, Inc., you requested a tariff classification ruling. We apologize for the delay as the information was sent to our laboratory for analysis.

The subject product, Ammonia/Ethanol/CO2 Calibrator, is a buffered aqueous solution containing a specific concentration of ammonia, ethanol and sodium bicarbonate. It will be used to calibrate Roche/Hitachi and cobas c analyzers for the quantitative measurement of these constituents in human samples. In your letter, you indicated that the calibrator is for in vitro diagnostic use and that it will be imported packaged for retail sale containing two 4 mL calibrator solutions.

The applicable subheading for the Ammonia/Ethanol/CO2 Calibrator will be 3822.00.5090, 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 3002 or 3006: Other: Other.” The rate of duty will be free. 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 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.

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 Judy Lee at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division