CLA-2-29:OT:RR:NC:N1:140
Mr. Noah Sondov-Gold
Gold Biotechnology, Inc.
1328 Ashby Road
St. Louis, MO 63132
RE: The tariff classification of Various Chemical Compounds from China and/or Canada
Dear Mr. Sondov-Gold:
In your letter dated May 15, 2018, you requested a tariff classification ruling. You requested a binding Tariff classification ruling on the following five products. You indicate they are all used for research at laboratories and universities. You provided the following information on the five items under review.
Item 1
DAB Tetrahydrochloride, Hydrate (CAS #868272-85-9) is a water soluble form of 3-3'-diaminobenzidine and is used to stain for peroxidase activity. The intensity of DAB staining can be increased with the addition of cobalt, nickel or silver ions. The product is imported as a light pink to light lavender powder. The product's country of origin is China.
Item 2
Paromomycin Sulfate, (CAS #1263-89-4) is an aminoglycoside antibiotic. It targets a variety of gram-negative and gram-positive bacteria as well as several protozoan species. It displays activity similar to that of neomycin. Paromomycin sulfate is freely soluble. Aminoglycoside
antibiotics are composed of amino groups attached to glycosides. They bind the 30s ribosomal subunit, causing misreading of the mRNA sequence and inhibition of translocation. Consequently, protein synthesis is inhibited. The product is imported as a white or almost white powder. The product's country of origin is China.
Item 3
XTT Sodium Salt (CAS #111072-31-2) is used in the XTT colorimetric assay and assists in identifying metabolic activity within cells. In the XTT assay, the metabolic activity of cells reduces XTT sodium salt to an orange color formazan dye by dehydrogenase enzymes. Dye conversion will only occur in viable cells. The product is imported as a yellow lyophilized powder. The product's country of origin is China and Canada.
Item 4
Sodium Orthovanadate (CAS #13721-39-6) is an inhibitor of protein tyrosine phosphatases, alkaline phosphatases, and ATPases. The product is imported as an off white to light yellow powder. The product's country of origin is China.
Item 5
3-(cyclohexylamino)-1-propane-sulfonic acid (CAPS, CAS #1135-40-6) is a zwitterionic buffering agent used in biochemistry and molecular biology. It is a cyclohexylamine buffer that is useful for a pH range of 9 .7 – 11.1 and commonly used to study enzymatic processes above physiological pH. It is also used in protein sequencing. CAPS displays only weak or negligible complexation capabilities for some metals making it a suitable non-coordinating buffer for use in solutions containing metal ions. The product is imported as a white powder. The product's country of origin is China.
The applicable subheading for the DAB Tetrahydrochloride, Hydrate (CAS #868272-85-9) will be 2921.59.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Amine-function compounds: Aromatic polyamines and their derivatives; salts thereof: Other: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for the Paromomycin Sulfate, (CAS #1263-89-4), if imported in bulk form, will be 2941.90.1010 Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Antibiotics: Other: Natural: Aminoglycoside antibiotics." The rate of duty will be free.
The applicable subheading for the XTT Sodium Salt (CAS #111072-31-2) will be 2934.99.3900 HTSUS, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for the Sodium Orthovanadate (CAS # 13721-39-6) will be 2841.90.1000, HTSUS, which provides for Salts of oxometallic or peroxometallic acids: Other: Vanadates. The general rate of duty will be 5.5 percent ad valorem.
The applicable subheading for the 3-(cyclohexylamino)-1-propane-sulfonic acid (CAPS, CAS #1135-40-6) will be 2921.30.50 00 which provides for: "Cyclanic, cyclenic or cycloterpenic mono- or polyamines, and their derivatives; salts thereof: Other". The rate of duty will be 3.7 percent ad valorem.
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 the World Wide Web at https://hts.usitc.gov/current.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheadings 2921.59.4000; 2841.90.1000; 2921.30.5000; HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 2921.59.4000; 2841.90.1000; 2921.30.5000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
The Paromomycin Sulfate may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division