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NY K88738




September 10, 2004

CLA-2-90:RR:NC:MM:114 K88738

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.50.4060

Ms. Karen M. Cecca-Capillo
Exel Global Logistics Inc.
150 Eastern Avenue
Chelsea, MA 02150

RE: The tariff classification of the Spreeta and Spreeta-R Analytical Sensors from Korea

Dear Ms. Cecca-Capillo:

In your letter dated August 17, 2004, on behalf of Texas Instruments, you requested a tariff classification ruling.

The Spreeta Biosensor, item number TSPR2KKY, and the Spreeta-R Refractive Index Sensor, item TSPR2KXY-R, are optical-based analytical sensors. The Spreeta sensor operates in the near-infrared wavelength range of 830 nanometers and the Spreeta-R operates in the visible wavelength range of 589 nanometers. The Spreeta and Spreeta-R sensors contain one or three (depending on the model number) LEDs, a glass surface that is coated with gold in the case of the Spreeta sensor and a glass surface without a gold coating in the case of the Spreeta-R sensor, one internal reflecting mirror and one 128 pixel photodiode array. The sensors are filled with an optical grade plastic that forms a prism inside the device.

The sensors operate by monitoring the angular dependence of light reflecting off the sensing surface, where the sensing surface is in contact with the liquid to be tested. The applications for this type of analytical equipment are in the Spreeta evaluation module, and in industrial process control applications such as monitoring semiconductor chemical mix concentrations and monitoring wine/water concentrations for wine bottling plants. Potential uses of the sensors are in the life science R & D instrument platform, point of care diagnostic testing platforms, environmental testing platforms, food safety applications, bio-defense applications, and industrial process control applications such as measuring the brix of beverages.

The applicable subheading for the Spreeta and the Spreeta-R will be 9027.50.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical and chemical analysis, other instruments and apparatus using optical radiations (ultraviolet, visible infrared), electrical, other. The rate of duty will be 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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