CLA-2-84:OT:RR:NC:N1:102
Julie Vair
Expeditors Tradewin, LLC.
1015 Third Avenue, 12th Floor
Seattle, WA 98104
RE: The tariff classification and status under the United States-Singapore Free Trade Agreement (SFTA), of Reaction Modules from Singapore.
Dear Ms. Vair:
In your letter dated July 7, 2015 you requested a ruling on the status of the Well Reaction Modules from Singapore under the SFTA.
The items are under consideration are the Well Reaction Modules, part numbers 184-0138, 184-0148, 184-0196 and 184-0197.
The Well Reaction Modules are designed to integrate with the C1000 Thermo Cycler Chassis. The chassis is the base unit for programming of temperature control and integrates with the selected Reaction Module. The Well Reaction Module, when installed in the chassis, holds the sample block containing the DNA to be replicated and heats and cools it by the use of a thermoelectric heat pump. It also includes a heated lid to prevent sample evaporation and condensation.
The C1000 Thermo Cycler Chassis and the Well Reaction Modules replicate DNA by a change in temperature and thus, the applicable subheading is 8419.90.9580, HTSUS, which provides for machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change in temperature such as heating,…cooling…parts thereof: parts; other: other, other. The general rate of duty will be 4 percent ad valorem. See NY ruling N138137.
In your letter, you state that the Well Reaction Modules are produced in Singapore from non-originating components and qualify as an originating good by application of the De minimis rule set forth in the SFTA under General Note 25(e).
General Note 25(e) states, in pertinent part, that
(i) A good, other than a textile or apparel good described in subdivision (d) of this note, that does not undergo a change in tariff classification pursuant to subdivision (o) of this note shall nonetheless be considered to be an originating good if–
(A) The value of all the non-originating materials used in the production of the good that do not undergo the applicable change in tariff classification does not exceed 10 percent of the adjusted value of the good;
(B) The value of the non-originating materials described in paragraph (a)(1) of this section is included in calculating the value of the non-originating materials for any applicable regional value content requirement for the good under General Note 25(o), HTSUS, and
(C) The good meets all other applicable criteria set forth in this note for qualifying as an originating good.
Based on the facts provided, the goods are produced in Singapore and the non-originating materials qualify for SFTA preferential treatment because they will meet the requirements of HTSUS General Note 25(e)(i)(A). The goods will therefore be entitled to the Free rate of duty under the SFTA upon compliance with all applicable laws, regulations, and agreements.
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 Sandra Martinez at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division