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February 9, 1999

CLA-2-84:RR:NC:1:103 D86634

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.90.9595

Mr. Mark S. Septimus
EIX Corporation
9009 Western Lake Drive #1410
Jacksonville, FL 32256

RE: The tariff classification of pipette parts from France

Dear Mr. Septimus:

In your letter dated Jan. 7, 1999 you requested a tariff classification ruling.

With your inquiry you submitted samples of several components of a mechanical pipette. A mechanical pipette is a hand held laboratory appliance which utilizes a piston assembly, along with a micrometer which adjusts the piston stroke, to draw and dispense precise volumes of liquids. Your firm intends to import replacement parts for use in the repair of Gilson Pipetman® pipettes. Depending on the model, these pipettes can draw liquid volumes ranging from .1 microliter to 5 milliliters. The parts will be manufactured by Gilson in France, but may be exported from another country. You further stated that neither the parts nor their packaging bear any trademark, patent or copyright information.

The specific parts you inquired about are:

1. Tip ejector - a fabricated stainless steel component approximately 5.25 inches long and with two bends, which enables a disposable plastic tip to be ejected from the pipette when an ejector button is pushed.

2. Seal assembly holder - a plastic ring with a groove on one side and four small tabs on the other side, which centrally positions the seal and o-ring so that the piston can fit into it.

3. Plunger - a stainless steel rod some 4 inches long and thinner at one end, which pushes on the piston, enabling the piston to move up and down. 4. Pre-plunger and plunger buttons - plastic buttons marked with the model number of the pipette, which allow the user to press down on the plunger comfortably.

The applicable subheading for the tip ejector, seal assembly holder, plunger, pre-plunger button and plunger button will be 8479.90.9595, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other: other: other. The rate of duty will be free.

You may address any questions regarding trademark issues incident to the importation of these goods to the Intellectual Property Rights Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.

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 Alan Horowitz at 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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