CLA-2 CO:R:C:M 089002 AJS
District Director
U.S. Customs Service
Port of San Francisco
555 Battery St.
P.O. Box 2450
San Francisco, CA 94126
RE: Protest No. 2809-0-000873; laser scanning microscope;
Subheading 9012.10.00; Subheading 9013.80.60; HQ 088231.
Dear District Director:
Protest for further review number 2809-0-000873 dated
5/23/90, was filed against the classification of the Model 1LM11
laser microscope system within subheading 9013.80.60, Harmonized
Tariff Schedule of the United States (HTSUSA).
FACTS:
The article under protest is a black and white laser
microscope system, also referred to as a confocal laser scanning
microscope.
ISSUE:
Whether the subject microscope is properly classifiable
within subheading 9012.10.00, HTSUSA, which provides for
"[m]icroscopes other than optical microscopes . . ."; or
classifiable within subheading 9013.80.60, HTSUSA, which provides
for other optical appliances and instruments, not specified or
included elsewhere in this chapter.
LAW AND ANALYSIS:
In HQ 088231 (3/8/91), Customs dealt with the classification
of a scanning laser microscope. Customs ruled that this type of
-2-
microscope was classified within subheading 9012.10.00, HTSUSA,
as a microscope, other than an optical microscope. This
conclusion was based on the determination that the scanning laser
microscope used a method of forming an image which was similar to
the method used by the electron scanning microscopes provided for
within the Explanatory Notes to heading 9012, HTSUSA. The
subject microscope under protest is a confocal laser scanning
microscope. Based upon the above discussed ruling, the subject
microscope is also classifiable within subheading 9012.10.00,
HTSUSA.
HOLDING:
The subject laser microscope is properly classifiable within
subheading 9012.10.00, HTSUSA, which provides for microscopes,
other than optical microscopes. You should grant the protest in
full. A copy of this decision should be attached to the Customs
Form 19 Notice of Action and forwarded to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division