CLA-2-90:OT:RR:NC:N1:105
Eric Bergles Pavilion Integration Corporation 2528 Qume Drive, Suite 1 San Jose, CA 95131-1836
RE: The tariff classification of the WL-100-RGPlex from China
Dear Mr. Bergles:
In your letter dated May 22, 2024, you requested a tariff classification ruling.
The item under consideration is the WL-100-RGPlex microplate reader, which is a fast, compact, flow-base microspheres reader. Combined with WL series fluorescence coded microspheres, it can complete up to 100 multiplex analyses in a single well. The WL-100-RGPlex uses a semiconductor laser illumination to analyze the samples. Using a WL-100-RGPlex instrument, beads are excited by one laser to determine the bead region and corresponding assigned analyte.Another laser determines the magnitude of the reporter signal, which is proportional to the amount of analyte bound.Multiple readings are taken at each beam region ensuring robustdetection. The WL-100-RGPlex assays use a set of fluorescent magnetic beads where each bead falls in a unique spot on the fluorescent spectrum.The magnetic beads are coated with capture antibody targeted to the analyte of interest.
The WL-100-RGPlex is used for oncology research, neurological diseases, cardiovascular diseases, drug development and pharmacokinetics, vaccine development and evaluation, analysis of autoimmune diseases, monitoring of transplant rejection, diagnosis of infectious diseases, hematology, and allergy and food intolerance tests. The importation includes the WL-100-RGPlex instrument, a sheath/waste/rinse bottle package, and a shipping test report (hardcopy). The device measures 32cm (12.6in.) length by 32cm (12.6in.) wide by 28.5cm (11.2in.) high and weighs 19kg (42lbs).
The applicable subheading for the WL-100-RGPlex microplate reader will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): Other: Electrical: Other. The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9027.50.4060, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 9027.50.4060, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division