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NY L87615

November 25, 2005

CLA-2-90:RR:NC:N1:105 L87615


TARIFF NO.: 9027.80.4520

Ms. Susan Kohn Ross
Rodriquez O’Donnell Ross
Fuerst Gonzalez & Williams, P.C.
5777 W. Century Blvd., Suite 1500
Los Angeles, CA 90045-5659

RE: The tariff classification of the Q TRAP Mass Spectrometer and the Q TRAP LC/MS/MS System from Canada

Dear Ms. Ross:

In your letter dated October 18, 2005, for Applera Corp., you requested a tariff classification ruling. No sample was submitted.

You state: “Q TRAP LC/MS/MS System (Q Trap) is a hybrid triple quadropole/linear ion trap mass spectrometer. The system comes complete with the following:

TurbolonSpray Source,
Heated Nebulizer,
Analyst Software,
Metabolite ID Add-on Software,
Windows Data Acquisition Workstation (currently, Dell Precision 360 Computer), Dell Flat Panel Monitor,
National Instruments GPIB Card, and
Digi Serial Port Expansion kit”

The purpose of the system is to produce ions from sample proteins and metabolites and then measure their mass-to-charge ratios as a means of helping to determine the composition of the sample.

You are also asking for the classification of the Q Trap mass spectrometer if imported separately.

We agree that any “pre-installed software” is classified with the system.

Regarding any “software which has not been pre-installed,” your citations of rulings predate the changes in the HTS and the HS which have led to the current Note 6 to Chapter 95 and General Harmonized System Explanatory Note B to Chapter 85.

We agree that the applicable subheading for the Q TRAP Mass Spectrometer and the Q TRAP LC/MS/MS system will be 9027.80.4520, Harmonized Tariff Schedule of the United States (HTS), which provides for Mass spectrometers. The general rate of duty will be free.

Regarding any software which has not been pre-installed, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling.

What medium will that software be presented on? Per Gen. EN B to Chapter 85, will that medium always be presented (in the same shipment) with the apparatus into which it will be installed or will it be installed into another apparatus, e.g., another computer which will not be part of the shipment?

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

If you decide to resubmit your request, please include all of the material that we have returned to you regarding the non-installed software and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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