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NY I81272




May 21, 2002

CLA-2-84:RR:NC:1:103 I81272

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.82.0040

Mr. Robert L. Soza, Jr.
Jenkins & Gilchrist
112 East Pecan, Suite 900
San Antonio, TX 78205

RE: The tariff classification of chemical synthesizers from the United Kingdom

Dear Mr. Soza, Jr.:

In your letter dated April 29, 2002 on behalf of Genevac Inc. you requested a tariff classification ruling.

Your client will import four machines which will be used in the research and development of pharmaceutical compounds. In general, these machines will aid in the creation of novel compounds by heating, cooling, and stirring/mixing chemicals which have been placed in reaction tubes within the machines. Subsequently, these compounds will be analyzed by exposing them to biological assays in order to determine whether the compound produces a favorable effect which merits further study.

The specific machines you inquired about are:

Greenhouse Parallel Synthesizer – a bench-top machine capable of holding 24 glass reaction tubes with a volume of 0.5 ml to 3.0 ml per tube. The machine basically consists of a standard hot plate magnetic stirrer, an aluminum base to transmit the heat, a cylindrical glass enclosure in which the reaction tubes rest, 24 individual vertical stirring elements, a water-cooled aluminum reflux head with nickel condensing fingers to condense reaction vapors, an inlet/outlet for vacuum and inert gases, and a temperature/time controller. A rotating magnetic field created by the hot plate stirrer causes the stirring elements to spin at speeds up to 1100 rpm, thus uniformly stirring the chemicals (which may be heated to a maximum temperature of 150 degrees Centigrade) within each reaction tube. An optional cooling reservoir filled with a combination of a solvent and dry ice may be placed between the stirring base and the glass enclosure to assist in the production of chilled reactions to -70 degrees Centigrade. The unit is 180 millimeters tall and weighs approximately 4 kilograms.

Carousel Reaction Station – a machine similar in physical form and use to the Greenhouse Parallel Synthesizer, but capable of holding only 12 glass reaction tubes.

Syn10 Reaction Station – a machine which is also similar in function to the two units described above, but which allows the operator to apply different stirring speeds and temperatures to each of 10 individual reaction tubes simultaneously.

Metz Heater Shaker Reaction Station – a bench-top machine which heats and shakes 10 reaction tubes (rather than stirring them) in order to mix chemical solutions together to create compounds for further analysis. It features a heating range of 5 to 150 C. and a microprocessor controlled shaking action which varies from 100 to 600 rpm.

In your letter you suggested that all four of these machines may be classifiable in subheading 9027.80.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical or chemical analysis.other instruments and apparatus: other: other: other. However, the machines themselves perform no analysis of the compounds they are used to create; instead, all analysis of the compounds is performed by separate equipment subsequent to the synthesis operations. Thus they cannot be classified in subheading 9027.80.8090, HTS.

The applicable subheading for the Greenhouse Parallel Synthesizer, Carousel Reaction Station, Syn10 Reaction Station, and Metz Heater Shaker Reaction Station will be 8479.82.0040, 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 duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the numerous parts and accessories for the foregoing machines mentioned in your letter. Your request for a classification ruling should include a description of the physical nature of each part or accessory, as well as its function and method of operation. Please note that any such ruling request should be limited to a maximum of 5 articles. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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