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NY K88309




August 13, 2004
CLA-2-84:RR:NC:1:104 K88309

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. C.J. Erickson
Hodgson Russ LLP
Carnegie Hall Tower
152 West 57th Street
New York, NY 10019

RE: The tariff classification of a micromanipulator from Germany

Dear Mr. Erickson:

In your letter dated August 3, 2004 on behalf of Brinkman Instruments Inc. of Westbury, New York you requested a tariff classification ruling.

You have provided a catalog description of the item and a copy of the operating manual. The Eppendorf Universal programmable Micromanipulator 5171 is a programmable semi-automatic injection system whereby precise amounts of material are microinjected from one laboratory vessel to another through a glass capillary. It consists of a three stepper motor modular unit, a joystick control board and a power unit. The modular unit is made up of 3 modules (X, Y, Z). Each module consists of a drive unit with stepping motor and special head piece.

You state that the Micromanipulator is similar in construction to electronic pipettes and that Customs previously classified such items under 8479.89.9897 in NY ruling J87394 of August 8, 2003.

The applicable subheading for the Eppendorf Universal Programmable Micromanipulator 5171 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.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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