NY 877026

August 19, 1992

CLA-2-38:S:N:N1-F:238 877026

CATEGORY: Classification

TARIFF NO.: 3822.00.1090

Mr. Paul Blackinton

North American Biologicals, Inc.

16500 N.W. 15th Avenue

Miami, FL 33169

RE: The tariff classification of Visuwell Reagin, an enzyme-

linked immunosorbent assay (ELISA), in kit form, from Canada.

Dear Mr. Blackinton:

In your letter dated June 30, 1992, resubmitted on July 31,

1992, you requested a tariff classification ruling.

Visuwell Reagin is a nontreponemal enzyme-linked

immunosorbent assay (ELISA), in kit form, for the detection of

reagin antibodies as a screening test to detect pathogenic

treponemal infection in syphilis serology. The kit contains the

following components: 1) microwells coated with reagin antigen,

2) positive (reactive human serum) and negative (non-reactive

human serum) controls to ensure proper assay performance, 3)

conjugate "(C)" reagent (urease-conjugated rabbit polyclonal

antibody against human IgG), 4) conjugate diluent "(D)" reagent,

5) urease substrate "(S)" reagent, 6) sodium chloride powder (for

preparation of wash solution), 7) uncoated microwells for

substrate validation, and, 8) a microwell holder.

The literature supplied by you states that the test is

performed with unheated serum or citrated plasma specimens in

microwells coated with cardiolipin, lecithin, and cholesterol.

The cardiolipin antigen will bind with any reagin antibodies that

are present in serum or plasma specimens from syphilitic

patients. The patient's specimen is added directly to the

sensitized microwell and incubated at room temperature. Any

reagin antibodies present in the specimen will bind to the coated

microwell and, after the carrying out of several addtional steps

in the procedure, can be detected visually or by means of an

ELISA reader equipped with a specific type of filter.

The applicable subheading for this product will be

3822.00.1090, Harmonized Tariff Schedule of the United States

(HTS), which provides for composite diagnostic or laboratory

reagents, other than those of heading 3002 or 3006: containing

antigens or antisera: other. The rate of duty will be free.

This merchandise may be subject to the regulations of the

Food and Drug Administration. You may contact them at 5600

Fishers Lane, Rockville, MD 20857, telephone number (202) 443-

3380.

This ruling is being issued under the provisions of Section

177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry

documents filed at the time this merchandise is imported. If the

documents have been filed without a copy, this ruling should be

brought to the attention of the Customs officer handling the

transaction.

Sincerely,

Jean F. Maguire

Area Director

New York Seaport