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NY F81392




January 20, 2000

CLA-2-84:RR:NC:1:103 F81392

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797

Mr. Robert P. Kenneally
Tower Group International
150 Eastern Avenue
Chelsea, MA 02150-3352

RE: The tariff classification of mechanical pipettes from France

Dear Mr. Kenneally:

In your letter dated December 22, 1999 on behalf of Rainin Instrument Co., Inc. you requested a tariff classification ruling.

With your inquiry you submitted literature depicting various models of Gilman Pipetman® mechanical pipettes, as well as a sample of a model P 1000 unit. A mechanical pipette is a hand held laboratory appliance used to draw and dispense precise volumes of liquids. Pipetman® pipettes basically consist of a plastic body, a stainless steel plunger and piston, an adjustable micrometer with a numeric indicator, and a disposable tip ejector to prevent sample contamination. To use the pipette, a disposable tip is affixed to the unit and the micrometer is set to the volume of liquid to be dispensed. The plunger is then manually depressed to expel air from the tip, the tip is inserted into the liquid, and the plunger is released, thus drawing in the desired amount of liquid. The liquid is dispensed by again depressing the plunger. Depending on the model, Pipetman® pipettes are capable of transferring from .2 to 1000 microliters of fluids from one vessel to another.

In your letter you suggested that these mechanical pipettes were properly classifiable in subheading 9026.80.60, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases: other instruments and apparatus: other: other. However, heading 9026 encompasses apparatus used to give information about the amount of liquid; this item actually moves and dispenses it. Analogously, pumps incorporating measuring devices are explicitly excluded from chapter 90 by virtue of section XVIII, note 1(g).

The Customs Service has previously ruled that mechanical pipettes are mechanical appliances of heading 8479 (see Ruling Letter 957301 dated Jan. 18, 1995). Accordingly, the applicable subheading for the Pipetman® mechanical pipettes will be 8479.89.9797, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 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 Alan Horowitz at 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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