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NY N004767




January 22, 2007

CLA-2-84:RR:E:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.9585

Nick Tiley
Finance Director, Grant Instruments (Cambridge) Ltd. 29 Station Road
Shepreth, Cambridgeshire SG8 6GB
United Kingdom

RE: The tariff classification of Universal Water Bath, VWR Private Label Bath, Boiling Baths, JB Unstirred Baths and PB Transparent Unstirred Water Baths.

Dear Mr. Tiley,

In your letter dated December 26, 2006, you requested a tariff classification ruling.

The items concerned are five water baths whose purpose is to incubate “samples” at precisely controlled temperature conditions. You state in your letter that these baths are designed for a wide variety of uses within a laboratory environment, being designed and shaped so that they make optimum use of laboratory bench space. The primary purpose of the bath is to maintain the samples at a constant heat negating outside factors such as ambient room temperature. The heating medium in the baths is generally water.

The Universal Water Baths consist of a stainless steel tank in an outer shell, with heater and temperature sensors mounted underneath the tank. They provide consistent, controlled conditions for temperature sensitive conditions. The temperature range of the Universal Water Baths is ambient +5 to 99 degrees Celsius. The temperature is visible to the user in an LED display.

VWR Private Label Baths are very similar to the Universal Water Baths in all ways except for small differences in size, and may have analog and digital controls. They can maintain temperatures from room temperature up to 99 degrees Celsius.

The Boiling Baths heat the samples to 100 degrees Celsius and then maintain that temperature. They feature a stainless steel tank in an outer shell with a heater and an over temperature sensor mounted at the base of the unit.

The JB Unstirred Baths feature a polypropylene tank in an outer shell, with heater and temperature sensors mounted at the base of the tank. The JB Unstirred Bath has a temperature range of 20 to 90 degrees Celsius.

The JB Transparent Unstirred Water Baths consist of a polycarbonate tank with a removable control unit mounted at one end, from which heater and sensors project down into the bath. They have a temperature range of 20 to 60 degrees Celsius.

You claim that these Water Baths should be classified under heading 9032 which provides for automatic regulating or controlling instruments and apparatus. We cannot agree with your position. Instruments and apparatus for automatically controlling the flow, level, pressure and other variables of liquids or gases or for automatically controlling temperature are to be connected to an appliance which carries out the orders (pump, compressor, valve, etc.) to restore a variable to a prescribed value. In addition to performing an automatic control function, the Water Baths initiate the necessary corrective actions to return the process to normal, a function that exceeds the scope of instruments and apparatus of heading 9032.

The applicable classification subheading for the Universal Water Baths, VWR Private Label Baths, Boiling Baths, JB Unstirred Baths, JB Transparent Unstirred Water Baths will be 8419.89.9585, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery laboratory equipment, whether or not electrically heated for the treatment of materials by a process involving a change of temperature such as heating Other: Other: Other Other: For other materials”. The rate of duty will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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