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NY G84321




December 4, 2000

CLA-2-84:RR:NC:1:103 G84321

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.82.0040

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

RE: The tariff classification of a peptide synthesizer machine from an unspecified country

Dear Mr. Nakachi:

In your letter dated November 10, 2000 on behalf of Applied Biosystems you requested a tariff classification ruling.

The Model 431A Peptide Synthesizer creates oligonucleotides from simpler component amino acid reagents by combining and mixing multiple chemical ingredients in a specified order. The machine basically consists of a selection rack capable of holding up to 50 individual amino acid cartridges and 9 solvent reservoirs, several solenoid operated valve blocks, activation and reaction vessels where the chemicals are combined in sequence, a vortex motor, a microprocessor based controller for controlling the operations of the machine, an LCD display, and software. The valve blocks enable the necessary chemical ingredients to be drawn from their containers and transferred to the vessels using inert gas pressure. Formation of active ester species for either Fmoc or Boc protected amino acids immediately prior to coupling occurs in the activation vessel. In the reaction vessel, which is available in three sizes, mixing by vortex agitation both maximizes resin/fluid interactions without resin clumping and reduces solvent consumption. Menu-driven software features a simple modular programming method utilizing a question and answer approach to synthesis setup, and ensures that solvent volumes automatically increase to compensate for growing peptide volumes as synthesis progresses. Depending on the size of the reaction vessel, from .1 millimole to 1.0 millimole of peptide can be synthesized per cycle.

The applicable subheading for the Model 431A Peptide Synthesizer will be 8479.82.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: mixing, kneading or stirring machines. The rate of duty is dependent on the country of origin. Assuming the Model 431A is produced in a country entitled to the rates of duty found in the General rates of duty column of the HTS, the rate of duty will be free.

Any software on media imported with the synthesizer will be separately classifiable in accordance with note 6 to chapter 85, HTS. Note 6 to chapter 85 states that records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

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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