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NY G84697

December 12, 2000

CLA-2-90:RR:NC:MM:114 G84697


TARIFF NO.: 9027.90.5430

Mr. Matthew K. Nakachi
George R. Tuttle, Law Offices
Three Embarcadero Center, Suite 1160
San Francisco, California 94111

RE: The tariff classification of the Autosampler Platform used with the ABI Prism 3100 Genetic Analyzer

Dear Mr. Nakachi:

In your letter dated November 22, 2000, on behalf of Applied Biosystems, you requested a tariff classification ruling on the autosampler platform (A/S) used with the ABI Prism 3100 Genetic Analyzer (ABI).

The ABI is a fluorescence-based DNA analysis system using the technologies of capillary electrophoresis and laser fluorescence with CCD recording technology to analyze genetic material. After importation, the ABI DNA sequencer is combined with a computer workstation running proprietary analysis software that performs sequencing analysis. The ABI contains an electrophoresis instrument, a laser system and a CCD camera. The electrophoresis instrument sorts (by size sample) DNA that has been treated with a chemical dye. The laser causes the reporter dye to fluoresce so that analysis of the separated genetic information can be measured from the light intensity of the fluorescent dye. The CCD camera digitizes the fluoresced strands of DNA so that the digitized information can be analyzed using the computer and the proprietary software.

The autosampler platform, part no. 628-0310, is a motorized platform and tray with x-y-z movement functionality. Three stepper motors accomplish the x-y-z movement. The autosampler platform moves the DNA samples to the pins of the capillary array and moves a buffer reservoir and an electrode to the pin of the capillary array. The autosampler platform causes the DNA sample to be moved so as to insert the capillary array pins into these samples. Once in position, the DNA is automatically drawn up into the capillary array pins. Secondly, the buffer solution is moved so that the pins of the capillary array are submerged in the solution.

The applicable subheading for the autosampler platform will be 9027.90.5430, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of instruments and apparatus of subheading 9027.20, 9027.30, 9027.40, 9027.50 or 9027.80; of articles of subheading 9027.30.40. The rate of duty will be free and will remain unchanged in 2001.

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 212-637-7058.


Robert B. Swierupski

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