CLA-2-90:OT:RR:NC:N4:414
TARIFF NOS.: 9027.50.4015; 9027.90.5450
Mr. Craig A. Lewis
Hogan Lovells US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
RE: The tariff classification of Silicon Biosystems’s DEPArray System and the DEPArray A300K Disposable Cartridge from Italy
Dear Mr. Lewis:
In your letter dated May 27, 2001 you requested a tariff classification ruling on behalf of Silicon Biosystems, Inc. You have requested a ruling on the Silicon Biosystems DEPArray System (the DEPArray), and on the disposable cartridge that is used in the DEPArray, when imported separately from the DEPArray.
The DEPArray is an instrument for analysis of cells and interactions between cells. The core technology is based on dielectrophoresis principles, namely, the ability of a non-uniform electric field to exert different forces on neutral but polarisable particles in a liquid medium. As a result of dielectrophoresis forces, particles in the liquid medium migrate at different speeds and to different locations.
The DEPArray consists of an instrument with electronics, fluorescence microscopy, a CCD (charged coupled device) camera, and software that works in conjunction with a single-use disposable microfluidic (MF) cartridge. The software-controlled dielectrophoresis instrument and programmable electrodes in the cartridge create a non-uniform electric field. The frequency and the polarity pattern of the electric field may be adjusted based on the analytical needs. The electric field can suspend and segregate cells with great selectivity, up to the level of individual cells.
Cells in the MF cartridge, which have been treated with fluorescent dyes, are scanned by the fluorescence microscope with the image data captured by the CCD camera. Cell selection and analysis can be performed based on the presence or absence of specific fluorescence signals, the intensity of the signals, and cell morphology. Users can also use the software to compare and visualize individual cells side by side and use scatter plots or histograms based on the fluorescent measurements to identify populations of cells of interest. A secondary function of the instrument is the separation and collection of specific cells from the MF cartridge for further molecular analysis with other equipment.
The DEPArray A300K is the disposable MF cartridge used in the DEPArray. The operator loads the recovery buffer and the sample for analysis onto the MF cartridge and inserts it into the DEPArray for analysis. The DEPArray cannot function without the MF cartridge, and it has no other use than in this system. The MF cartridges are used only once. They will be imported with the complete DEPArray and imported separately as replacement cartridges.
You propose classification in subheading 9027.20.50, Harmonized Tariff Schedule of the United States (HTSUS) for the DEPArray System dielectrophoresis apparatus. Machines and apparatus for electrophoresis are, inter alia, eo nomine in 8543.30.00, HTSUS, and electrophoresis instruments are, inter alia, eo nomine in 9027.20.50, HTSUS.
However, dielectrophoresis is quite different from electrophoresis, as dielectrics (insulators) are different from other electrical items. While both dielectrophoresis and electrophoresis can be considered as electroseparation processes, the differences are major. For example, per www.separationsnow.com/coi/cda/detail.cda?id=12505&type=Feature&chId=2&page=1
“Although electrophoresis is a highly popular separation method, it can only separate charged particles. Dielectrophoresis (DEP), on the other hand, doesn't suffer from this limitation… The force generated by the DEP effect depends partially on the size of the particle, with large particles subject to greater forces than smaller ones.”
Electrophoresis is, per, e.g., wordnetweb.princeton.edu/perl/webwn, “the motion of charged particles in a colloid under the influence of an electric field; particles with a positive charge go to the cathode and negative to the anode.”
We distinguish the rulings you cite regarding electrophoresis instruments on that basis.
We note that, although the March 5, 2011 letter to your office from Silicon Biosystems proposes classification is heading 9027, HTSUS, it does not propose specifically classification in 9027.20.50, HTSUS.
We believe neither subheading 8543.30.00, HTSUS, nor subheading 9027.20.50, HTSUS, applies to your apparatus.
The applicable subheading for the DEPArray System will be 9027.50.4015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis: other instruments and apparatus using optical radiations (ultraviolet, visible or infrared): electrical, chemical analysis instruments and apparatus. The rate of duty will be free.
The applicable subheading for the DEPArray A300K disposable microfluidic cartridge will be 9027.90.5450, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of electrical instruments and apparatus: other: of instruments and apparatus of subheading 9027.20, 9027.30, 9027.50 or 9027.80, other: of articles of subheading 9027.50.40. 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division