The tariff classification of a cryogenic automated transfer robot from France.

N046818 December 30, 2008 CLA-2-84:OT:RR:E:NC:N1:106 CATEGORY: Classification TARIFF NO.: 8428.90.0120 Mr. Keith Brister Northwestern University 9700 S. Case Ave., Bldg. 436A Argonne, IL 60439 RE: The tariff classification of a cryogenic automated transfer robot from France. Dear Mr. Brister: In your letter dated December 10, 2008 you requested a tariff classification ruling. Descriptive information and literature were sent with your request. The device is known as a cryogenic automated transfer system (CATS). The CATS robotic arm is used to position protein crystals in the line of intense x-rays upon a diffractometer after lifting them from a liquid nitrogen dewar which holds the samples until tested. The dewar, software and interchangeable gripping fittings are included with the electronically operated arm. You suggest that the cryogenic automated transfer robot would be correctly classified as machines…, not specified or included elsewhere in this chapter;…: industrial robots, not elsewhere specified or included in this chapter in 8479.50.000 Harmonized Tariff Schedule of the United States (HTSUS). This is not correct. The robot is designed for the handling of specific items. It has been determined that the robot is more specifically provided for in chapter 84 as handling machinery and in accordance with General Rule of Interpretation 1 to the HTSUS, should be classified as such. You also suggest that the cryogenic automated transfer robot would be correctly classified as apparatus based on the use of x-rays…for other uses in 9022.19.00 HTSUS or as apparatus based on the use of x-rays…: other, including parts and accessories: other: other apparatus in 9022.90.25 HTSUS. These are also incorrect. The robot arm handles containers to be exposed to x-rays but is not capable of producing x-rays. The applicable subheading for the cryogenic automated transfer robot will be 8428.90.0120, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other lifting, handling, …machinery: other machinery, industrial robots. 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 Mark Palasek at (646) 733-3013. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division