CLA-2-90:OT:RR:NC:N4:414
Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018
RE: The tariff classification of the vial/bottle rack from China
Dear Ms. Kelly-Kobayashi:
In your letter dated December 14, 2011 you requested a tariff classification ruling on behalf of Becton, Dickenson & Company (BD) on a vial/bottle rack.
The vial/bottle rack is used in the BD BACTEC FX Blood Culture System. The BACTEC FX is a blood culturing instrument which is an automated chemical analysis device designed to conduct diagnostic tests. The instrument uses fluorescent technology. Each rack, which measures approximately 22 inches in length, holds 20 vials/glass bottles. There are five racks on each side of the instrument for a total of 200 vials/glass bottles in a single BACTEC FX and 400 vials/glass bottles in the stacked BACTEC FX.
One side of the vial/bottle rack contains the openings for the vials/glass bottles and the other side has an electronic printed circuit board. In a telephone conversation with this office, it was stated that the vial/bottle rack goes into the BACTEC FX instrument in order for the instrument to perform its analysis.
In use, blood is taken from a patient and put into a BACTEC FX vial/glass bottle which contains a reagent material and a sensor. The vial/bottle is then placed in one of the openings in the rack. After the vial/bottle is placed in the rack, the fluorescent sensor on the vial/bottle is read by the printed circuit board on the rack. The reading is passed onto the BACTEC FX main CPU. The main CPU performs the algorithm necessary to determine positive or negative results for diseases and infections in the blood sample.
The applicable subheading for the vial/bottle rack for the BACTEC FX will be 9027.90.5450, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis: parts and accessories: of electrical instruments and apparatus: other: of instruments and apparatus 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,
Thomas J. Russo
Director
National Commodity Specialist Division