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NY 808178




April 11, 1995

CLA-2-84:S:N:N1:104 808178

CATEGORY: CLASSIFICATION

TARIFF NO.: 8418.69.0095; 9817.00.5000

Mr. John L. Curtis
Agtech, Inc.
P.O. Box 1222
Manhattan, KS 66502

RE: The tariff classification of cryopreservation units from Australia

Dear Mr. Curtis:

In your letter dated March 2, 1995, you requested a tariff classification ruling.

The FREEZE CONTROL CL2000 is a cryopreservation unit designed for the controlled rate freezing of embryos and semen from a wide variety of species. The unit is used by dairymen, beef cattle ranchers and large animal veterinarians. It is used in a farmer's barn or cattle facilities to preserve (freeze) microscopic embryos which are then implanted at a later date to yield genetically superior breeding cattle or to freeze and preserve bull semen. The freezer system consists of the CL2000 controller, one cryochamber, one 1.5 litre covered nitrogen bath and a carry case. The controller maintains full control over a temperature range of +20oC to -43oC. The CL2000 is programmed prior to despatch, and up to four distinct programs specified by the customer can be preinstalled.

The FREEZE CONTROL CL3000 differs from the CL2000 only by the following features: unit is suited for research and development as well as a teaching tool, is user-programmable, contains proprietary software and its controller maintains full control over a temperature range between +40oC to -86oC.

The FREEZE CONTROL CL5000 differs from the CL2000 in that the CL5000 features a built in battery power pack and battery charger.

The FREEZE CONTROL CL863 differs from the CL2000 only by the following features: unit contains proprietary software, is fully user programmable, can be preinstalled with up to 8 programs and its controller maintains full control over a temperature range between +40oC to -80oC.

The applicable subheading for the FREEZE CONTROL CL2000, CL3000, CL5000 and CL863 cattle embryo or semen cryopreservation units will be 8418.69.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for other refrigerating or freezing equipment. The rate of duty will be 2.3 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the FREEZE CONTROL CL2000, CL3000, CL5000 and CL863 would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

Your inquiry does not provide enough information for us to give a classification ruling on the software. Your request for a classification ruling should include information as to type of media used, e.g., EPROM, tape, floppy disk or hard disk. Also include details as to how the media is shipped, e.g., installed in the unit at time of importation or shipped separately.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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