CLA-2-39:RR:NC:FC:237 C89398
TARIFF NO: 3913.90.2050
Mr. Franco Grutti
Seajet Express Inc.
80 Everett Avenue
Chelsea, MA 02150
RE: The classification agarose powder from Spain.
Dear Mr. Grutti:
In your letter dated June 24, 1998 you requested a
tariff classification ruling on behalf of Global Imports Inc.,
of Tampa, Florida
The product is described as agarose obtained by the further
extraction/purification of agar-agar. Analysis of your sample by
the New York Customs Laboratory indicates that the product is
agarose, a polysaccharide, in powder form.
In your letter, you suggest that the classification of
agrose should fall under 1302.31.0000, HTSUS, which provides for
agar-agar, by name. However, agar-agar is used as a raw material
to manufacture agarose, a different article of commerce. In your
letter you note that agarose is agar-agar in its most highly
extracted form.
Heading 1302, HTSUS, provides for: agar-agar and other
mucilages and thickeners, whether or not modified, derived from
vegetable products. Based on Explanatory Note 13.02 agar-agar
(or agar) is obtained by extraction from certain marine algae
found mainly in the Indian and Pacific Oceans, and usually
presented in the form of dried fibres, flakes, powder or in
gelatinous form obtained by treatment with acids. Agar-agar is
used as an emulsifier in cosmetics and food products, as a sizing
agent, as an inert carrier of drugs in medicine, and as a
laxative (See: McGraw-Hill Encyclopedia of Science, 1987, 6th
ed., vol. 1, pp. 165-166).
Agarose is a complex polysaccharide, which is manufactured
by removing certain molecules from agar, leaving the uncharged
solid as a dried powder. Agar can be separated into a neutral
gelling fraction (agarose) and a sulfated non-gelling fraction
(agaropectin). Agarose is used in electrophoresis for separating
DNA fragments, as a reagent in laboratory testing, as a medium
for separating proteins and nucleic acids in gel filtration
chromatography. (See: Kirk-Othmer, Encyclopedia of Chemical
Technology, 1968, 2nd ed., vol. 17, pp. 764-768).
Based on the foregoing, the applicable subheading for
agarose in powdered form will be 3913.90.2050, Harmonized Tariff
Schedule of the United States (HTSUS), which provides for other
polysaccharides and their derivatives in primary forms. The rate
of duty is 5.8 percent ad valorem.
This merchandise may be subject to the requirements of the
Federal Food, Drug and Cosmetic Act, which is administered by the
U.S. 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 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 F. Cantone at 212-466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division