CLA-2-90:RR:NC:MM:114 D80423
Mr. Mark Jones
Carl Zeiss, Inc.
One Zeiss Drive
Thornwood, NY 10594
RE: The tariff classification of the ConfoCor Fluorescence Correlation
Spectrometer from Germany
Dear Mr. Jones:
In your letter dated July 16, 1998 you requested a tariff classification
ruling.
The Zeiss ConfoCor Fluorescence Correlation Spectrometer is a PC controlled
fluorescence spectrometer equipped with laser optics, a detection unit and a
hardware correlator which includes an internal CCD camera and a PC video card
for displaying and recording the image. The ConfoCor utilizes the Axiovert 135
microscope base stand which is modified by the addition of the epi-illumination
attachment, the detector module integrated into the stand, a Maerzhaeuser stage,
and all of the controlling electronics necessary for the ConfoCor to operate.
The ConfoCor uses a laser light source which operates in the 488 nanometer,
the 514 nanometer or the 532 nanometer wavelength ranges, which are all in the
visible portion of the electromagnetic spectrum. The ConfoCor uses either an
AR* laser (at 488 nm and 514 nm) or a Nd:YAG-laser (at 532 nm). The unit will
be imported as a complete system, including the computer, the software and CRT
monitor display. The operating system for this unit is the Zeiss FCS ACCESS
software package. This software package is dedicated to the ConfoCor system and
cannot be used for data processing. You indicate that in general, the software
will be imported pre-installed onto the system. It will also be offered as
separate item. The software is carried on several 3.5 inch floppy disks.
The ConfoCor's function is to analyze interactions of ligands, antigens,
and enzymatic activity on cell surfaces. The system will be utilized in studies
of molecular recognition, cellular recognition, drug/target interactions, gene
expression, signal transduction, and functional selection.
The applicable subheading for the ConfoCor Fluorescence Correlation
Spectrometer will be 9027.30.4040, Harmonized Tariff Schedule of the United
States (HTS), which provides for Spectrometers, spectrophotometers and
spectrographs using optical radiations (ultraviolet, visible, infrared),
electrical, spectrophotometers. The rate of duty will be free.
The applicable subheading for the software, when imported separately, will
be 8524.91.0030, Harmonized Tariff Schedule of the United States (HTS), which
provides for records, tapes and other recorded media for sound or other
similarly recorded phenomena, other for reproducing phenomena other than sound
or image, prepackaged software for automatic data processing machines, of a kind
sold at retail. The rate of duty will be 1.3 cents per square meter of
recording surface.
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 212-466-5685.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division