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NY I84345




August 12, 2002

CLA-2-84:RR:NC:1:103 I84345

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. David Wendt
Vision BioSystems
Private Bag 18
495 Blackburn Road
Mount Waverly VIC 3149
Australia

RE: The tariff classification of an automated tissue staining system from Australia

Dear Mr. Wendt:

In your letters dated May 27 and July 11, 2002 you requested a tariff classification ruling.

The Bond™ system is an automated immunohistochemistry (IHC) and in-situ hybridisation (ISH) staining system. IHC is used to stain proteins within or on the cell surface of a tissue sample, while ISH stains DNA within a tissue sample. A pathologist then examines slides containing the stained samples in order to determine whether the staining is positive or negative for the presence of a particular disease.

The Bond™ system consists of two machines: Bond™-X, which performs IHC only, and Bond™-maX, which performs both IHC and ISH. The machines operate by the use of a covertile which is placed over an individual slide containing a tissue sample. Up to 30 slides are then placed into a slide tray, and the slide tray is loaded into the machine. Reagents are dispensed onto each slide and the slide tray closes, causing the reagents to spread evenly over the slide. This results in a smooth film across the tissue sample for optimal staining results. Both units can accommodate up to 5 slide trays and 36 chemical reagents, and feature slide and reagent bar coding to minimize errors. In addition, the Bond™-maX unit can heat a group of slides to a temperature of 98 degrees Centigrade. In your letter you stated that all chemical reagents will be shipped separately.

You suggested classifying these machines in subheading 9018.19, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences.: other electro-diagnostic apparatus. However, these machines are not used to diagnose or treat an illness, but are laboratory equipment used to stain a tissue sample for subsequent diagnostic analysis. Thus they cannot be classified in subheading 9018.19, HTS.

The applicable subheading for the Bond™-X and Bond™-maX machines will be 8479.89.9897, 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: 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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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