CLA-2-85:OT:RR:NC:N2:212
Alicia Teng
GENSCRIPT USA INC.
860 Centennial Ave Piscataway, NJ 08854
RE: The tariff classification of an electroblotting system from China
Dear Ms. Teng:
In your letter dated December 12, 2023, you requested a tariff classification ruling.
The merchandise under consideration is identified as the eBlot L1 Protein Transfer System, which is described as an electroblotting system. The subject device is a desktop module that incorporates two electrical transfer cassettes, an LCD display, and a control keypad. Further, the system contains multiple inlets and outlets for the introduction and circulation of the fluids necessary for the transfer of the proteins. The device is powered by an incorporated electrical power cord.
You state that the system is used in a laboratory setting in order to transfer and isolate certain proteins for further examination using what is referred to as an electroblotting process. The sample is placed within the electrical transfer cassette, which has an anode side and a cathode side. An electrical current is passed through the cassette that effectively transfers the protein from the sample onto a polyvinylidene difluoride (PVDF) or nitrocellulose substrate membrane. We note that each cassette functions independently of the other in this process. When complete, the desired protein is isolated for further testing and identification.
In your request, you suggest that the eBlot system is classified under subheading 8479.89.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere [in Chapter 84] . . .Other machines and mechanical appliances: Other: Electromechanical appliances with self -contained electric motor: Other.” We disagree.
We note that the subject device is not considered an electromechanical device or appliance of the kind within the suggested heading. Further, the unit is a machine whose intended function is achieved by the application of electricity and any mechanical features are considered secondary to the electrical function. Accordingly, classification under subheading 8479.89.6500, HTSUS, is not appropriate in this case.
The applicable subheading for the eBlot L1 Protein Transfer System will be 8543.70.9860, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9860, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9860, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions
https://www.cbp.gov/trade/remedies/301-certain-products-china
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division