CLA-2-84:OT:RR:NC:N1:104

Mr. R. Brian Burke
Sandler, Travis & Rosenberg, P.A.
551 Fifth Avenue
Suite 1100
New York, NY 10176

RE: The tariff classification of the Genetic Sequencing Library Preparation Machine from Ireland

Dear Mr. Burke:

In your letter dated June 30, 2015 on behalf of Becton, Dickinson and Company and Gencell Biosystems, you requested a tariff classification ruling.

The CLiC LP Genetic Sequencing Library Preparation Machine is an automated bench-top machine which integrates the entire genetic sequencing library preparation process in one instrument. It is used for next generation sequencing only. It performs no analysis of the genetic material. Analysis of the genetic material is performed by separate equipment. The machine is suitable for any commercially available library preparation protocol and can be programmed to dispense individual or pooled samples into user-defined plastic wear.

The composite machine is composed of three subsystems: (1) the liquid handling subsystem, (2) the microfluidic purification subsystem and (3) the thermal subsystem. The liquid handling subsystem features a non-contact microfluidic technology process that eliminates contamination and labor. Steps performed in this subsystem are (1) DNA Addition, (2) Barcode Addition and (3) Master Mix and Ligase Addition, i.e., where bulk reagents, such as master mix and ligase, are dispensed. The microfluidic purification subsystem features steps such as (1) DNA Purification and Size Selection using magnetic bead purification technology that agitates, aspirates and dispenses beads into micro-volume reactions, (2) the binding of the magnetic beads to the sample in the Composite Liquid Cell (“CLC”) environment, (3) the retrieval of the sample from the node and (4) the purification of the sample in the purification system where the beads are immobilized and washed to purify and elute nucleic acid. The thermal subsystem has the flexibility to work with all chemical protocols to perform PCR amplification, tagmentation, ligation and incubation.

It is this office’s opinion that the CLiC Genetic Sequencing Library Preparation Machine is a composite machine consisting of various processing modules or subsystems which consecutively perform complementary separate functions which are described in different headings of Section XVI. These complementary functions contribute to the principal function of the composite machine, i.e., genetic sequencing library preparation.

In accordance with Section XVI, Note 3, the applicable subheading for the CLiC LP Genetic Sequencing Library Preparation Machine, imported complete in one shipment, 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 rate of duty will be 2.5 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/.

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 Patricia O’Donnell at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division