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NY C86207




April 9, 1998

CLA-2-90:RR:NC:MM:105 C86207

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.10.0000

Mr. Joshua Bloomfield
Tower Group International
6730 Middlebelt Road
Romulus, MI 48174-2039

RE: The tariff classification of Scientific Apparatus from Great Britain

Dear Mr. Bloomfield:

In your letter for Genomic Solutions, dated March 31, 1998, you requested a tariff classification ruling for 4 devices. You have submitted several brochures, but no samples.

The "Beta Imager" and "Micro Imager" are both designed "for fast tritium detection with new innovative system". Tritium or perhaps another beta emission isotope will be present in the relatively small and flat sample, but these devices do not use these beta emissions to gain information about another item`s properties, such as its thickness. Its purpose is to form an image showing the locales in the sample where the beta emitting isotope is present. This imaging is dependent on an ability to detect the beta emissions and we view it as a spatially precise form of detection which has been made possible by scientific advances since the original creation of the Harmonized System.

You state that you have been classifying these items in HTS 9027.20.5030. However, these are not spectrographs using optical radiation. The beta emissions will cause photon emission (light pulses) in the multi-step chamber, but there is no separation of these light waves into its separate frequencies, which is the basis of spectrography. Also, these devices do not enable the user to determine either physical characteristics or the chemical make-up of the sample. The applicable subheading for the both imagers will be 9030.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or detecting alpha, beta, gamma, cosmic or other ionizing radiation. The rate of duty will be 2.2 percent ad valorem.

We are unable to issue a tariff classification ruling on the Flexys robotic workstation and the Gel Print 2000i at this time. In order to issue a ruling on these products, additional information is required.

Regarding the Flexys robotic work station, what is its principal function? Does this device perform an analysis of bacterial or yeast growth? If so, what parameters are analyzed by the Flexys, and how is the result of the analysis stated or given? Is there a readout; in what format is the readout? Also, what is the function of the CCD-based imaging system? Are there optical elements incorporated in the Flexys? If so, provide a diagram of the optical system.

The Gel Print 2000i is stated to be an electronic photo system for digital archiving and analysis of electrophoretic gels. Is there an analysis performed by the Gel Print 2000i, or is the device simply recording the images? Are the images then stored in the Gel Print for future use? Is the image ever "photographed" using-silver halide type film? The descriptive literature indicates that the Gel Print photographs any stain type, at 10 cents a print or less. What type of print is involved, that is, how is the print made? How does the Gel Print 2000i differ from a digital camera?

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 the imagers are imported.

If you have any questions regarding this request for additional information, please contact National Import Specialist Barbara Kiefer at (212) 466-5685. When you resubmit your ruling request with the additional information that we require, please furnish original copies of the descriptive brochures on the Flexys workstation and the Gel Print 2000i camera system. If you have any other questions regarding the ruling, contact National Import Specialist James Sheridan at 212-466-5669.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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