CLA-2-39:OT:RR:NC:SP:221
Mr. John M. Peterson
Neville Peterson LLP
17 State Street – 19th Floor
New York, NY 10004
RE: The tariff classification of reagent vials and reaction modules
Dear Mr. Peterson:
In your letter dated December 9, 2008, on behalf of DiaSorin, Inc., you requested a tariff classification ruling.
Samples identified as reagent vials and reaction modules were submitted with your request. The reagent vials are cylindrical vials molded of polypropylene plastic used for containing reagents that are used in immunodiagnostic machines. The top opening of each vial is covered by a flexible plastic membrane with three pre-cut slits. After importation the vial is filled with a reagent, for example, a buffer solution, conjugate or control, and then covered with a protective foil. One type of vial is translucent and another is opaque. The opaque vials are used for light sensitive reagents.
The reagents are used in an automated chemical analysis device designed to conduct a wide array of diagnostic tests on patient blood, tissue and bodily fluid samples. The technician chooses the vials that contain the reagents needed to conduct the specific type of test being performed and loads them into a holding device. The diagnostic machine features mechanized aspirator modules that remove measured volumes of the particular reagents needed to perform the test and deposit these reagents into the reaction module containing the patient sample. The pre-slit tops in the vials allow the aspirator module to withdraw the correct type and amount of reagent from each vial for use in the reaction module of the analyzer.
You suggest classification of the reagent vials in subheading 9027.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of instruments and apparatus for physical and chemical analysis. The vials are not considered to be parts of the analysis device. They are similar in use to test tubes. They are imported empty and have to be filled with reagents and sealed after importation. Although designed for use with the diagnostic device, they are not considered to be parts or accessories of the device.
You have not indicated the country of origin of the reagent vials. The rate of duty provided below is the rate applicable when the vials are manufactured in a country with which the United States has Normal Trade Relations.
The applicable subheading for the empty reagent vials will be 3923.90.0080, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics…other. The rate of duty will be 3 percent ad valorem.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on the reaction modules. Your request for a classification ruling should include the following information:
Why is the reaction module called a module? Is the sample provided a complete reaction module? Are there any parts missing?
Are the reaction modules imported in this condition? Is this the actual size of the module?
How do the patient sample and the reagent get mixed in the reaction module? What is the process involved?
Are the modules filled with anything prior to being introduced into the LIAISON analyzer? Or, are they loaded into the device empty, and then filled with the patient sample and the reagent?
What is the reason for the fact that the modules are they disposed of after the LIAISON’s scanning unit has scanned the module?
Are the reaction modules manually fed into the analyzer, or are they automatically fed into the analyzer?
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 on the reagent vials, contact National Import Specialist Joan Mazzola at (646) 733-3023. If you have any questions regarding the information required for the reaction modules, contact National Import Specialist Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division