CLA-2-90:OT:RR:NC:1:114
Ms. Donna Whelan
H.W. St. John & Co.
292 North Central Ave.
Valley Stream, NY 11580
RE: The tariff classification of Acumen eX3 laser-scanning fluorescence microplate cytometer from Great Britain
Dear Ms. Whelan:
In your letter dated October 8, 2008, on behalf of TTP Labtech, you requested a tariff classification ruling on the Acumen eX3.
The Acumen eX3 uses a fluorescent-based approach that reports biochemical information on individual cells grown in test microplates. It is used in a high content analysis area. The most common area of research is oncology. To perform high content assay, researches will grow mammalian cells in test plates using routine laboratory procedures. Control and test compound will be applied to simulate a response in the cells and the effect on a specific cell process reported using fluorescence. The Acumen eX3 uses a scanning laser to excite the fluorescence in each cell and photomultiplier tube (PMT) detectors detect the resultant emissions. The detected signal is used to create two dimensional maps of the cells from which information regarding the fluorescence and morphology of each cell is determined. This approach is very similar to fluorescent microscopy; the difference is that the Acumen eX3 does not use a microscope objective to magnify cells, it uses a scanning laser.
The Acumen eX3 is available in single, double or triple laser configurations depending on the biochemical assay that it is required to analyze. The available lasers operate at 405 nanometers, 488 nanometers and 640 nanometers. The lasers are solid state laser diodes and are located in the rear of the Acumen eX3 scan head. The most common cells being examined are the mammalian stable cells lines derived from cancer. The Acumen eX3 is able to analyze the content of cells since it can differentiate between fluorescence located in different cellular compartment. It distinguishes a signal located in either nucleus or cytoplasm. It may be reporting a signal from a specific cell organelle such as mitochondria. In routine use, however, the Acumen eX3 will be reporting data for the fluorescence from the entire cell and therefore not be performing sub- cellular analysis. The majority of users will be pharmaceutical or biotechnology organizations involved in research and development of new drug therapies.
The applicable subheading for the Acumen eX3 laser-scanning fluorescence microplate cytometer will be 9027.50.4015, 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 or infrared), electrical, chemical analysis instruments and apparatus. 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