NY 868377

NOV 26 1991


CLA-2-84:S:N:N1:105 868377

Ms. Linda Campanian
Milne & Craighead Customs Brokers (USA) Inc.
200 International Boulevard
P.O. Box 2
Sweetgrass, MT 59484

RE: The tariff classification of a thermal reactor and a hybridization incubator from Canada.

Dear Ms. Campanian:

In your letter dated October 17, 1991 on behalf of Tyler Research Instruments Corporation you requested a tariff classification ruling. The TR-96 Thermal Reactor provides an easily programmable environment for any chemical or enzyme-mediated reactions requiring accurately controlled thermal cycling. It is capable of a virtually unlimited number of rapid and accurate temperature changes from 5 degrees C above ambient to 100 degrees C. The heart of the TR-96 is the sealed combustion chamber containing an intricate network of pressurized channels whose function is to minimize thermal mass and, therefore, sluggish response. Paired high performance turbines generate a controlled turbulent flow of air, the temperature of which is precisely regulated by a computer (not imported) operating through a series of multiple feedback sensing loops. The reactor comes equipped with a standard 88 x 0.5ml microfuge tube tray.

Additional tube trays that vary in position numbers and tube capacity: TR-96.01.88, TR-96.01.60 and TR-96.01.96 will be imported, as well as Thermal Sensing Device TSD-08, which has 8 solid state AD590JH thermal sensors.

Also imported will be Hybridization Incubator HI-12000 with a 12 liter chamber and 6-position rotating carousel. Operating on the same principle as the TR-96 Thermal Reactor, the HI-12000 Hybridization Incubator bathes the sample cassettes in a controlled turbulent flow of air, the temperature of which is precisely regulated by an integrated solid state controller.

Additional sample cylinders, HI-12000.11 and HI-12000.12, will also to be imported.

The applicable subheading for the TR-96 Thermal Reactor and the HI-12000 Hybridization Incubator will be 8419.89.5075, Harmonized Tariff Schedule of the United States (HTS), which provides for laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating. The rate of duty will be 4.2 percent ad valorem. The applicable subheading for the reactor tube trays TR-96.01.88, TR-96.01.60 and TR-96.01.96, and for the incubator sample cylinders HI-12000.11 and HI-12000.12 will be 8419.90.9060, which provides other parts of laboratory equipment, for the treatment of materials by a process involving a change of temperature such as heating. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for Thermal Sensing Device TSD-08 will be 9025.19.0080, which provides for thermometers, not combined with other instruments, other than liquid-filled for direct reading. The rate of duty will be 5 percent ad valorem.

Goods classifiable under subheadings 8419.89.5075 and 8419.90.9060, HTS, which have originated in the territory of Canada, will be entitled to a 1.6 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Those classifiable under 9025.19.0080, HTS, will be entitled to a 3.5 percent rate of duty under the agreement.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport