HQ 087874: Serofast in vitro diagnostic kit; Heading 3002; ExplanatoryNote 3002; antisera; Subheading 3822.00; Subheading 3822.00.10;reagent; antigen.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087874

                         January 4, 1991

CLA-2 CO:R:C:G 087874 AJS

CATEGORY: Classification

TARIFF NO.: 3822.00.10

Ms. Mary Pat Funk
Marketing Associate
Meridian Diagnostics, Inc.
3471 River Hills Drive
Cincinnati, OH  45244

RE: Serofast in vitro diagnostic kit; Heading 3002; Explanatory
Note 3002; antisera; Subheading 3822.00; Subheading 3822.00.10;
reagent; antigen.

Dear Ms. Funk:

     Your letter of September 4, 1990, requesting a tariff
classification regarding the Serofast kit has been forwarded to
this office for reply.

FACTS:

     The merchandise at issue is the Serofast in vitro diagnostic
test kit.  This kit is composed of a latex reagent (polystyrene
beads coated with an antigen and a buffer), a positive control
reagent (containing an antibody and a buffer), a negative control
reagent (rabbit serum without antibodies and a buffer), a
dilution buffer (containing bovine serum albumin, NaCl, glycin,
sodium azide and a PH adjuster), a test slide and pipestirs.  The
kit will be used in the detection and titration of antibodies
anti mycoplasma pneumoniae in human blood serum.

ISSUE:

     What is the proper tariff classification of the Serofast kit
within the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).





                               -2-

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's).  GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes.

     Heading 3002, HTSUSA, provides for antisera and other blood
fractions.  Antisera are obtained from the blood of animals which
are immune or have been immunized against diseases or ailments. 
Explanatory Note (EN) 30.02.  They are also used for diagnostic
purposes, including in vitro tests.  EN 30.02.  The subject kit
is composed of a reagent containing rabbit serum and a buffer
containing bovine serum.  These items satisfy the terms of this
heading.  However, the kit is also composed of reagents which do
not satisfy the terms of this heading.  Accordingly, the kit as a
composite cannot be classified within this heading by application
of GRI 1.

     Subheading 3822.00, HTSUSA, provides for composite
diagnostic or laboratory reagents, other than those of heading
3002 or 3006.  The subject kit satisfies the terms of this
subheading.  It is composed of latex, positive control and
negative control reagents which are used in the clinical
laboratories of hospitals for diagnostic purposes.  As stated
previously, the kit as a composite is not composed of reagents
from heading 3002, HTSUSA.  The subject kit also does not satisfy
the terms of heading 3006, HTSUSA, which provides for various
pharmaceutical goods.  Subheading 3822.00.10, HTSUSA, provides
for composite reagents which contain antigens or antisera.  The
subject kit contains both antigen and antisera.  Accordingly, the
Serofast kit satisfies the terms of this subheading and is
classifiable therein.

HOLDING:

     The Serofast kit in question is properly classifiable within
subheading 3822.00.10, HTSUSA, which provides for composite
diagnostic or laboratory reagents, other than those of heading
3002 or 3006, which contain antigens or antisera.  These articles
are entitled to duty-free treatment.


                                      Sincerely,


                                      John Durant, Director
                                      Commercial Rulings Division