CLA-2-84:OT:RR:NC:1:104
Mr. Joseph Delahanty
Panalpina Inc.
1000B Castle Road
Secaucus, NJ 07904
RE: The tariff classification of pipettes and beakers from an unknown country
Dear Mr. Delahanty:
In your letter dated December 23, 2010 on behalf of Neutec Group Inc. you requested a tariff classification ruling. Samples will be returned as per your request.
The plastic articles in question, i.e., disposable pipettes (described in the submitted brochure as micro-syringes) and beakers (sample cups), are designed for use exclusively with an Eddy Jet Automatic Plater Machine. It is noted that you refer to the pipettes as tips. However, examination of the sample shows that the article possesses a plunger. It is not merely a hollow tube which tapers down to a small orifice and which is designed to fit onto the end of the plunger. The process of utilizing the pipette’s plunger to gather/release the liquid sample is a mechanical process.
The Eddy Jet Automatic Plater Machine is used to spread a previously liquefied sample into an agar petri dish in a spiral pattern. The sample is picked up using the disposable, sterile syringe-like dispensing pipette. The pipette is lowered into the sample cup and a pre-determined amount of the sample is withdrawn. The pipette is then moved and lowered until it makes contact with the surface of the agar medium in the petri dish. The sample is then spread in an Archimedes spiral. Once the sample has been dispensed, the pipette is ejected. The Eddy Jet Automatic Plater Machine is used for sample preparation. It performs no testing or analysis of the samples.
The applicable subheading for the pipettes will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other … Other. The general rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the beakers will be 3926.90.9910, HTSUS, which provides for Other articles of plastics and articles of other materials of heading 3901 to 3914: Other: Other: Laboratory ware. The rate of duty will be 5.3% 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/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
In a supplemental email to this office dated February 1, 2011, Ms. Neutra of the Neutec Group inquired whether the goods would require U.S. Food and Drug Administration (FDA) approval. Questions regarding any applicable regulations and/or additional requirements by the U.S. Food and Drug Administration (FDA) may be addressed to the Food and Drug Administration, Guidelines and Regulations Branch, 200 C. Street S.W., Washington, D.C. 20204. Information may also be obtained by visiting their website at www.fda.gov.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division