CLA-2-90:RR:NC:MM:114 G89833
Mr. Matthew K. Nakachi
George R. Tuttle, Law Offices
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111
RE: The tariff classification of Auto-Sampler Calibration Tool, Mirror Cam Tool, Auto- Sampler Level Micrometer Tool, Laser Alignment Tool and Sealed Array EG Tool
Dear Mr. Nakachi:
In your letter dated March 21, 2001, on behalf of Applied Biosystems, Inc., you requested a tariff classification ruling on an Auto-Sampler Calibration Tool, Mirror Cam Tool, Auto-Sampler Level Micrometer Tool, Laser Alignment Tool and Sealed Array EG Tool. Descriptive literature for the items was submitted with the ruling request.
The items for which you are requesting a classification include an Auto-Sampler Calibration Tool (product number 628-3280), Mirror Cam Tool (product number 628-3282), Auto-Sampler Level Micrometer Tool (product number 628-3283), Laser Alignment Tool (product number 628-3281) and Sealed Array EG Tool (product number 628-3285). You have indicated in your letter that all of the tools are used in connection with the calibration, testing or measuring of the ABI Prism 3100 Genetic Analyzer.
You have stated that the Auto-Sampler Level Micrometer Tool is “an attachment to that capillary array which replaces the normal 16-pin attachment used during DNA sequencing with a standard micrometer.” Regarding the micrometer, since you have stated that it is a standard micrometer, we assume that the face on the dial indicates linear measurement and that it is less than 5 inches in diameter. We note that micrometers are described in Explanatory Note D-1 to Harmonized Tariff Schedule of the United States (HTS) heading 9017.
The applicable subheading for the Auto-Sampler Level Micrometer Tool will be 9017.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, calipers); micrometers and calipers. The rate of duty will be 5.8 percent ad valorem.
We are unable to give a classification ruling for the Auto-Sampler Calibration Tool, Mirror Cam Tool, Laser Alignment Tool and Sealed Array EG Tool. Additional information is required as indicated below. You may resubmit your request for a ruling when the information is available.
Ruling requests must contain sufficient information to determine the proper tariff classification. In order to classify the Auto-Sampler Calibration Tool, please provide the following information:
1) Explain in more detail how it “is used to calibrate the movement of the autosampler platform”. What unit of measurement is used in the calibration of the movement? Is it basically one of length or speed?
2) Is the dark horizontal object part of the import, or is it just the vertical pin? Are there any moving parts? A sample of the calibration tool should provide most of the explanations.
In order to classify the Mirror Cam Tool, please provide the following information:
1) Specifically, what does this tool do? How does it function?
2) You state the tool is able to make fine control of the mirrors. Does it have some type of a measuring device within it?
3) What materials is the tool made of? What material is the working edge?
In order to classify the Laser Alignment Tool, please provide the following information:
1) The picture provided is not clear. We need an original photograph of the Laser Alignment tool, or a sample of the tool.
2) Are optical elements incorporated in the Laser Alignment Tool? For example, you mention “a flat amber-colored plastic square.” Is that an optical element?
3) The descriptive literature states that “each assembly houses the flat amber-colored plastic square.” Is the assembly a mounting?
In order to classify the Sealed Array EG Tool, please provide the following information:
1) Please submit a sample.
2) How does the tool function?
3) Provide a breakdown of all components of the tool.
4) What materials are used in the manufacture of the tool?
5) Explain what a truncated capillary-array performs.
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 212-637-7058.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division