CLA-2-90:OT:RR:NC:N1:105
Scott Cassell
JAS Forwarding USA, Inc.
1000 Centre Green Way, Suite 200
Cary, NC 27513
RE: The tariff classification of a fluorescence confocal microscope from France
Dear Mr. Cassell:
In your letter dated September 11, 2018, on behalf of Mauna Kea Technologies, Inc., you requested a tariff classification ruling.
The product at issue, identified as the Cellvizio NOVA, is described as a standalone fluorescence confocal microscope. Per the information provided, the Cellvizio NOVA utilizes a confocal laser system with fiber optic probes that allow for the imaging of the internal microstructure of tissue. The instrument consists of a wheeled platform that incorporates the requisite laser imaging system, a touchable user interface (TUI), connectors for the fiber optic probes, and other peripheral equipment, such as a thermic printer. The Cellvizio NOVA is said to be suitable for use in a variety of applications, including gastroscopy, colonoscopy, bronchoscopy, and uteroscopy, among others.
The Cellvizio NOVA utilizes its confocal laser system to generate endomicroscopic images that a physician can view (via the TUI) and print. Based on the information provided, the Cellvizio NOVA operates in a manner similar to the confocal laser scanning microscopes described in Headquarters Ruling Letter H089002, dated June 27, 1991.
The applicable subheading for the Cellvizio NOVA will be 9012.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Microscopes other than optical microscopes; diffraction apparatus. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division