CLA-2-39:S:N:N6:881575 221

9717.00.3000; 9617.00.4000; 7017.90.0050; 7326.90.9090;
8422.30.9040

Ms. Linda H. Moorhouse
A.W. Fenton Company Inc.
980 Beaver Grade Road, Suite 104
Coraopolis, PA 15108

RE: The tariff classification of laboratory items from England.

Dear Ms. Moorhouse:

In your letter dated December 17, 1992, on behalf of Jencons (Scientific) Limited, you requested a tariff classification ruling.

Samples and/or literature were submitted of five laboratory articles. The first item is called the "Sealpette Fixed Economy." The Sealpette is a volume measurement device used in laboratories to measure and dispense fluids in a pipetting operation. It is composed primarily of polypropylene.

Item two is a polypropylene seal tip for the Sealpette.

Item three is the Dewar Vacuum Flask, which is designed for laboratory, hospital and industrial use. This flask incorporates an evacuated space between the inner and outer walls with a silvered inside to prevent heat transfer when storing liquified gases. The inner flask is made from a borosilicate glass and is encased in an enamelled or stainless steel outer container. The flasks come in 12 different sizes. The classification will depend upon the size.

Item four is the "Homogeniser." This item is used to grind human tissue in the laboratory. The body of the homogenizer is made from heat-resistant glass. The pestle for the actual grinding of the tissue will either be made from borosilicate glass or from stainless steel with a plastic tip.

Item five is the "Perimatic," a machine used for media precision dispensing, filling petri dishes, bottles, ampules and vials. The applicable subheading for the Sealpette will be 3926.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, laboratory ware. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for the seal tips will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the Dewar Vacuum Flasks, when having a capacity not exceeding one liter, will be 9617.00.1000, HTS, which provides for vacuum flasks and other vacuum vessels, complete with cases...having a capacity not exceeding 1 liter. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the Dewar Vacuum Flasks, when having a capacity exceeding 1 liter but not exceeding 2 liters, will be 9617.00.3000, HTS, which provides for vacuum flasks and other vacuum vessels, complete with cases...having a capacity exceeding 1 liter but not exceeding 2 liters. The rate of duty will be 8.7 percent ad valorem.

The applicable subheading for the Dewar Flasks, when having a capacity exceeding 2 liters, will be 9617.00.4000, HTS, which provides for vacuum flasks and other vacuum vessels, complete with cases...having a capacity exceeding 2 liters. The rate of duty will be 8.7 percent ad valorem.

The classification of the Homogeniser, when composed entirely of glass, will be 7017.90.0050, HTS, which provides for laboratory or pharmaceutical glassware, whether or not graduated or calibrated, other. The rate of duty will be 8.4 percent ad valorem.

The applicable subheading for the Homogeniser, when consisting of a glass body and a metal pestle with a plastic tip, will be 7326.90.9090, HTS, which provides for other articles of iron or steel, other. The rate of duty will be 5.7 percent ad valorem.

The applicable subheading for the Perimatic will be 8422.30.9040, HTS, which provides for machinery for filling, closing, sealing, capsuling or labeling bottles, cans or other containers. The rate of duty will be 3.6 percent ad valorem.

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