CLA-2-90: RR: NC: 1:114

Mr. Paul Vroman
DHL Global Forwarding
2660 20th St.
Port Huron, MI 48060

RE: The tariff classification of Cedex and Cedex HiRes cell analysis systems from Germany.

Dear Mr. Vroman:

In your letter dated July 2, 2007, on behalf of Innovatis, Inc., you requested a tariff classification ruling.

The Cedex and Cedex Hi Res are automated cell culture analysis systems that use a visible spectrum of light at 61nm, red light. The Cedex and Cedex HiRes acquire cell-suspension, bio-culture, and cell-therapy samples from a single use vial and add a dye. The stained suspension is transferred into a measurement chamber and mounted into an image acquisition system. Images are captured by a CCD camera and transmitted to a computer. The software will analyze the images and by object recognition determine the number of cells in each image, the size and shape of cells along with the viability status of the cells. The values are displayed by a Graphic User Interface on the PC.

The applicable subheading for the Cedex and Cedex Hi Res will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis, other instruments and apparatus using optical radiations (ultraviolet, visible, infrared), electrical, other. The rate of duty will be free.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division