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NY N018554

October 30, 2007

CLA-2-90: RR: NC: 1:114


TARIFF NO.: 9027.30.4040

Mr. Andrew J. Beauto
Roper Scientific, Inc.
3440 E. Britannia Dr.
Tucson, AZ 85706

RE: The tariff classification of MAG Biosystems FRAP-3D from Canada.

Dear Beauto:

In your letter dated October 16, 2007, you requested a tariff classification ruling.

The MAG Biosystems FRAP-3D is a type of physical analysis equipment used for cell biology context research at academic institutions. The MAG Biosystems FRAP-3D performs physical analysis pertaining to molecular mobility and concentration inside living cells. By determining the rate of fluorescence recovery in a defined area, information can be determined about diffusion constants, protein concentration, whether proteins are actively or passively transported and what cellular compartments are involved certain biological processes. The MAG Biosystems FRAP-3D performs photometric measurements of numerous points in a 2-D array using a CCD sensor; the measurements are spectrally resolved by means of interference filters that restrict the wavelength of the photons hitting the CCD to a pre-determined range. The CCD array is used to quantify the relative amounts of light in adjacent pixels. The brightness values in the resulting dataset can be converted to be expressed in terms of incident photons. The MAG Biosystems FRAP-3D is best described as a type of spectrophotometer for use on microscopes. The FRAP-3D is a retro-fitted to the customer’s microscope. There is no microscope incorporated into the device and the device cannot be used unless mounted onto an existing microscope base.

The applicable subheading for the MAG Biosystems FRAP-3D will be 9027.30.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for physical or chemical analysis; spectrometers, spectrophotometers and spectrographs using optical radiations (ultraviolet, visible, infrared); electrical; spectrophotometers. The rate of duty will be free.   

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 Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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