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NY L81888

January 21, 2005

CLA-2-84:RR:NC:1:104 L81888


TARIFF NO.: 8479.82.0040; 8479.90.9495

Mr. Mick Kobayashi
Branch Manager
Yusen Air & Sea Service
14135 East 42nd Ave., Suite 45
Denver, CO 80239

RE: The tariff classification of a hybridization system from the U.S.

Dear Mr. Kobayashi:

In your letter dated December 27, 2004 on behalf of BioMicro Systems, Inc. of Salt Lake City, Utah you requested a tariff classification ruling.

The MAUI (Micro Array User interface) Hybridization System is used in biological research. It consists of consumable MAUI hybridization chamber lids, samples provided, and a reusable base unit. The principle function of the MAUI System is to provide a “mixing enclosure” for hybridization experiments. Such experiments require a level of heat to be maintained, hence the unit incorporates a resistance heat block.

The MAUI System is designed specifically for use in semi-automated hybridization of standard 1” x 3” glass microarray slides. It is designed to continuously mix hybridization solutions. The unit can accommodate up to four microarray slides. The MAUI lid, made entirely of plastic, binds to the glass microarray slides via the lid’s adhesive gasket forming a uniform, low volume, approximately 1/16” high, sealed hybridization chamber. This lid-slide assembly is clamped into one of four heated slide bays in the base unit. The MAUI lid contains two air bladders, driven by an air pump in the base unit, that mix the hybridization solution across the microarray slide throughout the incubation process via user-selected mixing parameters. The MAUI lids are disposable however they are essential to the process. While most of the lids will be sold separately, a customer purchasing a complete system, base unit and lids, will be provided with a dozen or two of the lids with a base unit. The microarray slides (typically referred to as microscope slides) are not included.

The applicable subheading for the MAUI System, with or without the lids, will be 8479.82.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: other machines and mechanical appliances: mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines. The rate of duty will be free.

The applicable subheading for the separately imported MAUI lids will be 8479.90.9495, HTS, which provides for parts: other of machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter. 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 Robert Losche at 646-733-3011.


Robert B. Swierupski

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