The tariff classification of a BD FACS Loader from China, Singapore or Malaysia

N246637 November 6, 2013 CLA-2-84:OT:RR:NC:1:106 CATEGORY: Classification TARIFF NO.: 8428.90.0290 Mr. R. Brian Burke Rode & Qualey 55 W 39th Street New York, NY 10018 RE: The tariff classification of a BD FACS Loader from China, Singapore or Malaysia Dear Mr. Burke: In your letter dated September 19, 2013, on behalf of your client, Becton, Dickinson and Company, you requested a tariff classification ruling. The BD FACS Loader is a machine that is used as an accessory on certain models of a BDFACSCanto™ flow cytometry systems which are electrical laboratory instruments that employ lasers to perform chemical analyses of prepared biological samples. The BD FACS Loader is an accessory and not a part to these systems because the loader is not necessary for the flow cytometry system to function properly. Any prepared samples can be manually introduced into the flow cytometer without the use of a loader. The principal function of the FACS Loader is to automatically load the prepared samples into the flow cytometer without operator assistance. The loader agitates the samples when the carousel is turning to assist in handling the samples during automatic loading to prevent settling and to keep them in their prepared state. The loader is not used as a step in the preparation of the samples. The loader contains a carousel that can accommodate up to 40 12x75mm sample tubes, a detachable drawer, an electronics module and a remote keypad. The loader has a control and status interface with a primary software application called BD LoadManager. This software provides the controlling functions to the Loader electronics module to operate the indexing and lifting stepper motors in the loader drawer, while the drawer sensors provides feedback to the LoadManager software about positioning, carousel ID and tube location. The LoadManager software interfaces with the software application called the BD Worklist Manager located on the computer controlling the flow cytometer. This software ties the patient tracking information and application requirements with the BD LoadManager control activities. The applicable subheading for the BD FACS Loader will be 8428.90.0290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery…Other. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division