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NY B87719




August 13, 1997

CLA-2-84:RR:NC:1:103 B87719

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.19.0000; 8479.89.9797

Mr. James R. LeRoy
IUL USA, Inc.
11140 Luschek Drive
Cincinnati, OH 45241

RE: The tariff classification of laboratory machinery from Spain

Dear Mr. LeRoy:

In your letter dated 17, 1997 you requested a tariff classification ruling.

With your inquiry you submitted descriptive brochures on several laboratory machines. The specific machines you inquired about are:

1. The Chronodiluter, which automatically dilutes solid or liquid samples (particularly food samples requiring testing and analysis). The unit utilizes a load cell to measure the weight of the sample and, based on the weight, calculates the volume of diluent needed to arrive at a pre-programmed dilution. A micro-processor controlled peristaltic pump delivers the diluent via a tube into a small sample holder bag or similar container at a constant rate until the desired dilution is achieved. The Chronodiluter is accurate to within one percent of the factor value.

2. The Masticator, which prepares a homogenous suspension of the previously diluted sample. The sample and diluent, which are in a disposable sterile plastic bag, are gently emulsified by means of two paddles powered by an electric motor. The user can control both the speed and duration of the homogenizing action.

3. The Edy Jet spiral plater, which dispenses the previously liquified sample into an agar petri dish in a spiral pattern. The unit automatically picks up a sterile syringe-like dispensing tip, lowers the tip into the sample and withdraws a pre-determined amount of the sample, and moves and lowers the tip until it contacts the surface of the agar medium in the petri dish. One motor drives the turntable on which the petri dish rests, while another moves the tip laterally as the sample is dispensed, thus spreading the sample across the diameter of the petri dish in the spiral pattern. Once the sample has been dispensed, the tip is ejected so that cross-contamination of samples cannot occur.

The applicable subheading for the Chronodiluter and the Edy Jet will be 8413.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pumps fitted or designed to be fitted with a measuring device: other. The rate of duty will be 1.2 percent ad valorem.

The applicable subheading for the Masticator will be 8479.89.9797, 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 3 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 212-466-5494.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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