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HQ 964001




February 12, 2001

CLA-2 RR:CR:GC 964001 nel

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.97

Port Director
U.S. Customs
6747 Engle Road
Middleburg Hts, OH 44130

RE: Protest 4101-00-100050; robotic pump (Microlab ATplus 2)

Dear Port Director:

This is our decision on Protest 4101-00-100050, timely filed on behalf of Hamilton Company (Protestant) on January 26, 2000, against your classification decision regarding merchandise described as a robotic pump, an automated liquid sample processor machine, under the Harmonized Tariff Schedule of the United States (HTSUS). The entry dated December 18, 1999, was liquidated January 3, 2000.

FACTS:

The merchandise is described as Microlab ATplus 2 (ML-AT+2), a robotic pump that is an automated liquid sample processor machine. The robotic pump is used in clinical and research laboratories to prepare liquid samples for subsequent analysis. Literature submitted with the protest indicates that it consists of a pipetting station, a washing/wiping station, a liquid level detector, and optional barcode scanner.

The pipetting station is designed to rapidly transfer precise amounts of liquid samples from test tubes to microtiter plates, microtubes, or similar containers. It utilizes disposable pipette tips to prevent contamination. Alternatively, the built-in wash/wipe station provides tip washing and wiping between single pipetting steps. Sensors in the primary and reagent racks enable precise distribution and mixing of reagents with samples, as well as serial dilution. The optional barcode scanner ensures positive sample identification.

While not stated specifically, it is presumed that the Microlab ATplus 2 incorporates a liquid pump that assists in the transfer of the liquids.

Protestant claims classification of the Microlab ATplus 2, robotic pump, under subheading 8413.19.00, HTSUS, which provides for: Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Pumps fitted or designed to be fitted with a measuring device: Other.

At liquidation, Customs classified the merchandise under subheading 8479.89.97, HTSUS, which provides for: Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.

ISSUE:

Whether the Microlab ATplus 2, robotic pump, is classified as a pump for liquids under heading 8413, HTSUS, or as a machine, whose principal purpose is not described in any heading of chapter 84, and is therefore classified under heading 8479, HTSUS.

LAW & ANALYSIS:

The General Rules of Interpretation (GRIs) taken in their appropriate order provide a framework for classification of merchandise under the HTSUS. The majority of imported goods are classified by application of GRI 1; that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, then the remaining GRIs may be applied.

The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System constitute the official interpretation of the Harmonized System at the international level. Though not dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

The merchandise under protest is described as a robotic pump which functions as an automated liquid sample processor machine.

The following headings and legal notes are relevant to the classification of the Microlab ATplus 2, robotic pump:

8413, HTSUS, which provides for: Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof.

8479, HTSUS, which provides for: Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof.

Section XVI, Note 3 states: Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines adapted for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.

Chapter 84, Note 7 states: A machine which is used for more than one purpose is, for the purposes of classification, to be treated as if its principal purpose were its sole purpose. [A] machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 8479.

We must first determine whether the robotic pump is a pump for liquids under heading 8413, HTSUS. This heading covers most machines and appliances for raising or otherwise continuously displacing volumes of liquids. This heading also includes delivery pumps equipped with measuring or price-calculating mechanisms such as are used for supplying petrol or oil in garages, and pumps specially designed for use with other machines. See EN 84.13.

Based on the information provided, the Microlab ATplus 2 is designed to batch transfer samples from tubes to microtiter plates, microtubes, or similar containers by means of precision disposable pipette tips. While Microlab ATplus 2 may be a machine containing a specialized pump, presumably used to charge and discharge liquid from the pipette tips, it is not in and of itself a pump. It appears that the principal function performed by Microlab ATplus 2 is the rapid transfer of precise amounts of liquids through the use of pipettes. This transfer of samples does not involve the continuous displacement of volumes of liquid, but rather the distribution of discrete volumes of liquid among multiple containers. Further, it is the physical movement of the pipette tips from one container to another, not the pump mechanism, which actually effects the transfer of the samples. Therefore, the Microlab ATplus 2 may not be classified as a pump for liquids under heading 8413, HTSUS, as the protestant claims.

As described, the Microlab ATplus 2 performs several complementary functions: pipetting, mixing, diluting, washing, etc. It is a composite machine the primary function of which is the pipetting function that allows the transfer and distribution of discrete volumes of liquid among multiple containers. According to Section XVI, Note 3, the Microlab ATplus 2 must be classified as if consisting only of that component, or as being that machine, which performs the principal function. Mechanical pipettes, without pumps, similar to the pipetting function of Microlab ATplus 2 were classified under subheading 8479.89, HTSUS. See HQs 957301 and 957302 dated January 18, 1995, which classified mechanical pipettes as machines and mechanical appliances having individual functions, not specified or included elsewhere in chapter 84 under subheading 8479.89.90 (now 8479.89.97), HTSUS.

There is no HTSUS heading that specifically describes a machine or appliance that processes liquid samples, the principal purpose of the Microlab ATplus 2. According to chapter 84, note 7, Microlab ATplus 2, a machine the principal purpose of which is not described in any heading, is therefore classified under heading 8479, HTSUS. Similarly, machines for preparing air samples were determined to be classifiable under subheading 8479.89.90 (now 8479.89.97), HTSUS, in HQs 087597 and 088242 dated November 27, 1990.

Microlab ATplus 2, an automated liquid sample processor, is not itself a pump, but a composite machine that must be classified according to its principal function. Since the principal function of Microlab ATplus 2 is not described in any heading of chapter 84, in accordance with prior Headquarters rulings, it is classified under subheading 8479.89.97, HTSUS, which provides for: Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.

HOLDING:

Protest 4101-00-100050 should be DENIED.

In accordance with Section 3(A)(11)(b) of Customs Directive 099-3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, Notice of Action, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page of the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,


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