CATEGORY: Classification s242

NY D87457

February 19, 1999

CLA-2-:RR:NC:2:238 D87457

CATEGORY: Classification

TARIFF NO.: 3822.00.5090; 3507.90.7000

Ms. Carlene Courtney BioSepra, Inc. 111Locke Drive Marlborough, MA 01752

RE: The tariff classification of Helix Pomatia Juice (SHP), Helicase®, and Cytohelicase® from France

Dear Ms. Courtney:

In your letter dated January 18, 1999, you requested a tariff classification ruling. Descriptive literature and a flow chart were submitted with your request.

The first product, Helix Pomatia Juice (SHP) consists of a brown liquid composed of a mixture of purified enzymes, water, “physiological” salts, and a bacteriostatic agent (sodium azide), which acts as a preservative. According to the flow chart, SHP is prepared by extracting (followed by precipitation, centrifugation, and filtration) the enzymes found in the crude hepatopancreas and crude digestive juice of the snail, Helix pomatia, and then combining the two resultant extracts in an aqueous solution containing salts and a bacteriostatic agent. According to the product sheet, Helix Pomatia Juice (SHP) is used in hormonology for urinary steroid assay by colorimetric or fluorimetric techniques, or by gas chromatography. According to the flow chart, the second product, Helicase®, constitutes the lyophilized form of Helix Pomatia Juice (SHP).

According to the flow chart, the third product, Cytohelicase®, consists of a brown lyophilized powder prepared by extracting (followed by centrifugation, filtration, and lyophilization) only the enzymes found in the crude digestive juice of Helix pomatia. According to the product information sheet, the main application of Cytohelicase® is the preparation of spheroplasts (or protoplasts) from yeasts by means of a partial or a complete hydrolysis of their cell walls. The applicable subheading for Helix Pomatia Juice (SHP) and Helicase® will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: “[D]iagnostic or laboratory reagents on a backing and 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.

The applicable subheading for Cytohelicase® will be 3507.90.7000, HTS, which provides for:[E]nzymes; prepared enzymes not elsewhere specified or included: Other: Other.” The rate of duty will be free.

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 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division