CLA-2-84:OT:RR:NC:N1:106

Patti Cordo, Director of Import
American Cargo Express, Inc.
432 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of mechanical dispersing equipment from Ireland

Dear Ms. Cordo:

In your letter dated August 12, 2008 you requested a tariff classification ruling on behalf of your client Labcyte Inc of Sunnyvale, California.

The items under consideration are four (4) bench-top liquid handling products incorporating Deerac Fluidics spot on technology.

You state in your ruling request that each of the machines include a custom designed robotic platform, control software and spot stations. The machines perform high speed, non-contact, low volume pipetting onto all well plate formats. The pipetting mechanism allows for the dispensation of volumes in the range of 50nl to 20ul.

The first item has been identified as the Equator GX1 system. This system uses a single-channel dispenser for the low to medium use lab. It can aspirate reagent from a single reservoir or plate and dispense the reagent across the reaction plate.

The second item has been identified as the Equator GX8 system. This system uses eight channels which allow for more flexibility. You state that each channel can aspirate and dispense reagents at a different volume.

The third item has been identified as the Equator HTS system. This system can dispense DMSO, aqueous buffers, protein solutions and cell and bead suspensions. In addition it can be configured with a number of reservoirs; these can include disposable troughs to stirred reservoirs for cells and beads.

The final item has been identified as the Equator HTS/2 system. This system is designed for automated and hand towed automated plate positions. Both plate positions are accessible to the robotic arms which enables unattended operation. The two plate positions can be used as source and destination plate positions, or as dual destination plates using a separate on deck reagent reservoir.

The applicable subheading for the Equator GX1, Equator GX8, Equator HTS and Equator HTS/2 will be 8424.89.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mechanical appliances (whether or not hand operated) for…dispersing…liquids…: Other appliances: Other”. The rate of duty will be 1.8%.

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 Mark Palasek at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division