WCO Explanatory Notes reproduced for reference. © World Customs Organization. Verify against official WCO publication.
38.22 Diagnostic or laboratory reagents on a backing, prepared diagnostic or laborato reagents whether or not on a backing, other than those of beading 30.02 or 30.0g certified reference materials. This heading covers dia nostic or laboratory reagents on a backing, repared diagnostic or laboratory reagents, ot er than hagnostic reagents of heading 30.0 or diagnostic rea ents designed to be administered to the patient and blood grouping reagents of heading 30.0 . It also covers certified reference materials. Diagnostic reagents are used in the evaluation of physical, biophysical or biochemical processes and states in animals and humans; their function is based upon a measurable or observable change in the biological or chemical substances constituting the reagent. Prepared diagnostic reagents of this headmg may be similar in function to those desi ed to be admnistered to atients (subheading 3006.30), with the exception that the are use for in vitro, rather than or in vivo, applications. Prepared laboratory reagents inc ude not only diagnostic rea ents, but also other analytical reagents used for p oses other than detection or hagnosis. kepared dia ostic and laboratory reagents m y"ge used in medical, veterin scientific or industrial la oratories, in hospitals, in industry, in the field or, in some cases, in e home. 'J % r r i f C T Reagents of this heading are either on a backing or in the form of pre arations and thus comprise more than a single constituent. For exam leythey may consist of a xtures of two or more reagents or of single reagents dissolved in so vents other than water. They may also be in the form of paper, plastics or other materials (used as backin s or supporth impre$-ated. or coated with one or more diagnostic or laboratory reagents, suci? as litmus, p or po e fmding apers or pre-coated immuno-assa plates. Reagents of this heading may also be put up in the Form of luts, consisting of severa components, even if one or more components are separate chemically defined compounds of Cha ter 28 or Chapter 29, synthetic colouring matter of heading 32.04 or any other substance w ich, when presented separately, would be classifiable under another headin . Examples of such kits are those for testin glucose in blood, ketones in urine, etc., and those ased on enzymes. However, diagnostic kits aving the essential character of roducts of heading 30.02 or 30.06 (e.g., those based on monoclonal or polyclonal anti odies) are excluded. S, P Y E E % ! The reagents of this heading should be clearly identifiable as being for use only as diagnostic or laborato reagents. This must be clear from their composition, labelling, instructions for in vitro or aboratory use, indication of the specific diagnostic test to be performed or physical form (e.g., presented on a backing or support). With the exception of the products of Chapter 28 or 29, for the classification of certified reference materials, heading 38.22 shall take precedence over any other heading in the Nomenclature. The certified reference materials of this heading are reference materials prepared for the calibration of an ap aratus, the assessment of a measurement method or the assignment of values to a material. hese reference materials may consist of the following : f (a) Substrate materials containing added analytes, the concentration of which has been accurately determined; (b) Unmixed materials, the concentration of certain components of which has been accurately determined (e.g., the protein and fat content of milk powder); (c) Materials, whether natural or s thetic, certain roperties of which have been accurately determined (e.g., tensile strenxspecific gravid. These reference materials must be accom anied by a certificate which indicates the values of the certified properties, the methods use& determine the values and the degree of certainty associated with each value, and the certifying authority. The heading also excludes the following reagents, whether or not put up in forms for use as diagnostic or laboratory reagents : (a) Goods of headings 28.43 to 28.46 and 28.52 (see Note 1 to Section VI); @) Products covered by Note 1 to Chapter 28 or Note 1 to Chapter 29; (c) Colouring matter of heading 32.04, including preparations mentioned in Note 3 to Chapter 32; (d) Pr ared culture media for the development or maintenance of micro-organisms (including viruses an?k like) or of plant, human or animal cells (heading 38.21).
1.- This Chapter does not cover : (a) Separate chemically defined elements or compounds with the exception of the following : (1) Artificial graphite (heading 38.01); (2) Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up as described in heading 38.08; (3) Products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (heading 38.13); (4) Certified reference materials specified in Note 2 below; (5) Products specified in Note 3 (a) or 3 (c) below; (b) Mixtures of chemicals with foodstuffs or other substances with nutritive value, of a kind used in the preparation of human foodstuffs (generally heading 21.06); (c) Products of heading 24.04; (d) Slag, ash and residues (including sludges, other than sewage sludge), containing metals, arsenic or their mixtures and meeting the requirements of Note 3 (a) or 3 (b) to Chapter 26 (heading 26.20); (e) Medicaments (heading 30.03 or 30.04); or (f) Spent catalysts of a kind used for the extraction of base metals or for the manufacture of chemical compounds of base metals (heading 26.20), spent catalysts of a kind used principally for the recovery of precious metal (heading 71.12) or catalysts consisting of metals or metal alloys in the form of, for example, finely divided powder or woven gauze (Section XIV or XV). 2.- (A) For the purpose of heading 38.22, the expression “certified reference materials” means reference materials which are accompanied by a certificate which indicates the values of the certified properties, the methods used to determine these values and the degree of certainty associated with each value and which are suitable for analytical, calibrating or referencing purposes. (B) With the exception of the products of Chapter 28 or 29, for the classification of certified reference materials, heading 38.22 shall take precedence over any other heading in the Nomenclature. 3.- Heading 38.24 includes the following goods which are not to be classified in any other heading of the Nomenclature : (a) Cultured crystals (other than optical elements) weighing not less than 2.5 g each, of magnesium oxide or of the halides of the alkali or alkaline-earth metals; (b) Fusel oil; Dippel's oil; (c) Ink removers put up in packings for retail sale; (d) Stencil correctors, other correcting fluids and correction tapes (other than those of heading 96.12), put up in packings for retail sale; and (e) Ceramic firing testers, fusible (for example, Seger cones). 4.- Throughout the Nomenclature, “municipal waste” means waste of a kind collected from households, hotels, restaurants, hospitals, shops, offices, etc., road and pavement sweepings, as well as construction and demolition waste. Municipal waste generally contains a large variety of materials such as plastics, rubber, wood, paper, textiles, glass, metals, food materials, broken furniture and other damaged or discarded articles. The term “municipal waste”, however, does not cover : (a) Individual materials or articles segregated from the waste, for example wastes of plastics, rubber, wood, paper, textiles, glass or metals, electrical and electronic waste and scrap (including spent batteries) which fall in their appropriate headings of the Nomenclature; (b) Industrial waste;