CLA-2-90:S:N:N1:104 869938

Ms. Linda Campanian
Milne & Craighead CB (USA), Inc.
200 International Blvd., P.O. Box 2
Sweetgrass, Montana 59848

RE: The tariff classification of electrophoresis equipment from Canada.

Dear Ms. Campanian:

In your letter dated December 13, 1991 on behalf of Tyler Research Corporation of Edmonton, Alberta, Canada you requested a tariff classification ruling.

The ET-10 Electrophoretic Transfer System consists of two electrode modules, 10cm x 10cm precision ground graphite electrodes with platinum contact lines, power leads and instructions. ET of proteins and nucleic acids employs direct electrical current to drive separated or banded molecules from the gel matrix onto the surface of a membrane filter where they are easily accessible for immunological or fluorescent detection, hybridization, autoradiography or elution.

The VT-10 Vacuum Transfer System includes the primary manifold, one porous polyethelene support sheet and five polyethylene sheets (masks). The vacuum system can only be used for nucleic acid transfer. The transfer is from agarose gels onto a nylon membrane.

The Vacuum Regulator VR-40 is assembled from acrylic parts, silicone tubing and a brass needle valve. It is not a part of the Vacuum Transfer System and will be imported separately.

The EE-04 Electrophoretic Elution System consists of primary electrophoretic chamber, gravity fed mixing chamber, hinged safety interlocked cover, silicone tubing, 2 extraction cells, power leads and instructions. EE is a means of isolating proteins of extreme purity from one and two dimensional polyacrylamide gels.

The SBE-06 Salt Bridge Elution System consists of a primary electrophotetic chamber, hinged safety interlocked cover, 6- chamber salt bridge elution cell, power leads and instructions. SBE is used to extract nucleic acids and proteins from gel matrices.

The PG-12 Preparative Gel Electrophoresis System is supplied with reservoir covers, continuous flow elution module with paired sintered frits, borosilicate gel tube, elution buffer reservoir, connecting tubing, power leads and instructions. The PG-12 utilizes tube gel electrophoresis to actually separate biological materials. The flow elution module is then used to subdivide the separated material into smaller fractions. You indicate that the initial volume (2 mls) makes the PG-12 ineffective for use in commercial recovery of materials. To your knowledge, recovery on the order of ten to a hundred times greater is required for commercial purposes.

The applicable subheading for the PG-12 Preparative Gel Electrophoresis System will be 9027.20.4200, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical electrophoresis instruments, not incorporating an optical or other measuring device. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the ET-10 and VT-10 Transfer Systems and the EE-04 and SBE-06 Elution Systems will be 9027.90.4200, HTS, which provides for parts and accessories for electrical electrophoresis instruments, not incorporating an optical or other measuring device. The duty rate will be 3.9 percent. The applicable subheading for the VR-40 Vacuum Regulator will be 8481.10.0090, HTS, which provides for other pressure reducing (pressure regulating) valves. The duty rate will be 3.7 percent.

Goods classifiable under subheadings 9027.20.4200, 9027.90.4200 and 8481.10.0090, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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