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NY A82902




May 14, 1996

CLA-2-84:RR:NC:MA:104 A82902

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.19.0000; 8479.89.9598

Ms. Sherry Mautz
KILJ
Kintetsu Intermodal (U.S.A.), Inc.
1035 Watson Center Road
Carson, CA 90745

RE: The tariff classification of a cytocentrifuge and a vacuum infiltration processor from Japan

Dear Ms. Mautz:

In your letter dated April 1, 1996 on behalf Sakura Finetek U.S.A. Inc. you requested a tariff classification ruling.

The Sakura Auto-Smear Cytocentrifuge Model CF-12DE (Sakura catalog number: 4325) is designed to transfer cells from a fluid suspension onto a glass slide through the process of cytocentrifugation. Cytocentrifugation is a medical procedure for the morphologic examination of cells by light microscopy. This process guarantees uniform smearing of the cells within a precisely defined zone of the slide. In addition, cytocentrifugation has the ability to process fluids from virtually all body sites. The centrifugal force that deposits cells on the slide also flattens the cells slightly to provide better visualization of nuclear detail. Up to twelve specimens can be spun at one time.

The Tissue-Tek V.I.P. E150 and E300 vacuum infiltration processors are machines which are used to prepare tissue samples prior to slicing, staining, and examination with a microscope. They basically consist of a lockable retort chamber into which a metal basket containing the tissue samples is placed, a chamber which holds easily removable bottles of fixing, cleaning, and dehydrating agents, a motor and pump, and a programmable controller with a full screen display. The controller enables the operator to select any one of nine different processing programs which automatically set and control pressure, vacuum, paraffin melting, and agitation cycles. Models E150 and E300 incorporate various audible safety and signal alarms, as well as a self-cleaning system which automatically heats to 65 degrees Centigrade and utilizes 9 exchanges of xylene and 5 exchanges of alcohol to clean the retort. The controller also monitors the processing sequence, during which the tissue samples are exposed to the agents, while the display console indicates the status of the processing operation.

Your inquiry does not provide enough information for us to give a classification ruling on the Tissue-Tek Tissue Embedding Console System. You indicate that the Tissue-Tek Tissue Embedding Console System includes part numbers 4890, 4892, 4894 and 4896. These part numbers correspond to the Product Code numbers shown for the Tissue-Tek V.I.P. vacuum infiltration processors. Please clarify exactly what units comprise the tissue embedding console system. Provide step-by-step description of system's method of operation. Is the system made up of a vacuum infiltration processor, an embedding console (dispensing/thermal console) and a cryo console? Is the cryo console a compression or absorption type unit?

In your letter, you also inquired about parts. In the absence of specific information, we are unable to provide you with a ruling on these matters. However, for your information, parts of machines, including spare parts, which are not goods provided for in any of the other headings of chapters 84 or 85, nor excluded from chapters 84 or 85, will be classified in the same heading as the machine of which they are a part provided they are solely or principally used with such machine (Notes 1 and 2 of section XVI, Note 1 to chapter 84, and Note 1 of chapter 85, HTS, noted).

You inquired about replaceable filters, bottles, and baskets which are used with these tissue processors and specimen chambers and chamber holders (made of polypropylene) which are used with the cytocentrifuges. These items do not appear to be classifiable in the same heading as the machines with which they are used. If you desire a ruling on these articles, please provide a sample of each along with a complete description and specifications. Suggest you contact this office before resubmitting your ruling request on the parts.

The applicable subheading for the Sakura Auto-Smear Cytocentrifuge Model CF-12DE (Sakura catalog number: 4325) will be 8421.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Centrifuges, including centrifugal dryers: Other. The rate of duty will be 2.9 percent ad valorem. The applicable subheading for the Tissue-Tek V.I.P. E150 and E300 vacuum infiltration processors will be 8479.89.9598, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...other machines and mechanical appliances: other: other: other: other. The rate of duty will be 3.2 percent ad valorem.

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 Robert Losche at 212-466-5670.

Sincerely,

Roger J. Silvestri
Director

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