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NY G83952




November 28, 2000

CLA-2-84:RR:NC:1:102 G83952

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.81.0040

Mr. Matthew K. Nakachi
Law Office of George R. Tuttle
Three Embarcadero Center (Suite 1160)
San Francisco, California 94111

RE: The tariff classification of a flow syringe pump of unspecified origin.

Dear Mr. Nakachi:

In your letter dated October 27, 2000 you requested a tariff classification ruling on behalf of your client Applied Biosystems. The article in question is described as a XR sheath flow syringe pump, part number 4310778. Descriptive literature was submitted.

In your request you explain that the subject syringe pump is a component of an ABI Prism 3100 Genetic Analyzer, which is a fluorescence-based DNA analysis system. The syringe pump is an assembly used to move polymer liquid through the analyzer. The pump is comprised of a stepper motor with optical encoder for positioning, nine distribution valves and two syringes. The rotational movement generated by the motor is transferred through a lead screw into the downward motion of two hammers. Each hammer is positioned to contact the plunger of the syringes, such that the downward motion of each hammer will trigger one of the syringes, causing the syringes to function together as a form of positive displacement pump.

It is your belief that the syringe pump should be classified as a part of the Genetic Analyzer in subheading 9027.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electrical instruments and apparatus. However, we find that the syringe assembly is a liquid pump, provided for in heading 8413, HTSUS.

Subheading 9027.90 is in chapter 90 of the HTSUS. Heading 8413 is in chapter 84, HTSUS. As you point out, Note 2(b) to chapter 90 applies to the classification of parts and accessories for instruments and apparatus of chapter of chapter 90. The note, in part, provides that parts and accessories which are goods included in any of the headings of chapter 84 (other than
heading 8485) are in all cases to be classified in their respective headings. Because we find that the syringe pump is a good of heading 8413, HTSUS, it cannot be classified in HTSUS subheading 9027.90.

The applicable subheading for the subject syringe pump will be 8413.81.0040, HTSUS, which provides for other pumps for liquids. The rate of duty is free.

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 Kenneth T. Brock at 212-637-7026.

Sincerely,

Robert B. Swierupski
Director,

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