CLA-2-84:RR:NC:1:103 G82571

Mr. Craig M. Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of sample preparation machines from Switzerland

Dear Mr. Schau:

In your letter dated September 22, 2000 on behalf of Leap Technologies you requested a tariff classification ruling.

With your inquiry you submitted brochures on three machines which are used in laboratories to automate the preparation of samples prior to chromatographic testing. The machines can transfer samples, mix sample media with other sample media or reagents, and dilute samples. The model HTC PAL high throughput sample injection system is used in high throughput screening, preclinical research, combinatorial chemistry, flow injection analysis and pharmaco-kinetic studies. It basically consists of temperature controlled sample storage drawers, a three-axis liquid handling manipulator powered by a stepper motor, a precision 100 microliter syringe, a wash station, and a programmable control panel. The drawers are capable of holding 24 standard sample microplates, 12 deepwell plates, or up to 648 sample vials. The machine automatically opens the appropriate drawer, collects the desired amount of a liquid sample by suction, and injects it directly into a liquid chromatography valve. The wash station ensures the syringe and needle are clean before the next sample is drawn.

The model HTS PAL preparation and load system is similar in use and operation to the HTC PAL. It can accommodate syringes from 10 – 2500 microliters in size and features an electrically activated fast switching liquid chromatography injector, allowing a faster recovery time between injections.

The model COMBI PAL headspace and liquid gas chromatography injection system combines liquid and headspace injection in a single unit. Besides offering the features of the HTC PAL and HTS PAL, it also incorporates an incubator oven. It can inject gases, liquids, and solids obtained by solid phase micro extraction into different chromatographic injection types without modification.

No literature was submitted on the models DI PAL and LC (Mini) PAL. However, your letter states the DI PAL is an autosampler which injects a sample directly into an analyzer without an intervening valve assembly, while the LC (Mini) PAL is a smaller, less capable unit used for direct injection of liquid samples.

The applicable subheading for the various sample preparation machines described above will be 8479.89.9797, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem.

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 Alan Horowitz at 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division