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NY N026369





April 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0190

Mr. Robert McIntyre
Beckman Coulter, Inc.
200 S. Kraemer Blvd.
W-235
Brea, CA 92821

RE: The tariff classification of a sample tube handling machine from Japan.

Dear Mr. McIntyre:

In your letter dated April 18, 2008 you requested a tariff classification ruling. You included a description and photos with your request.

The merchandise at issue is referred to as a sample tube handling machine. It is a part (A60483) of a larger system of machines marketed as the Automate 800. The purpose of the machine is to lift sample tubes in a clinical laboratory from one conveyor belt and place them on another belt.

You suggest that the sample tube handling machine would be correctly classified as a handling machine in 8428.33.0000, 8428.90.0090 or 8428.90.0010 Harmonized Tariff Schedule of the United States (HTSUS) or as a laboratory apparatus in 9027.80.8090, HTSUS. These are not correct. The applicable subheading for the sample tube handling machine will be 8428.90.0190, HTSUS, which provides for other lifting, handling, loading or unloading machinery: other machinery, other. The general rate of duty will be free percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on 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 Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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