August 13, 2009 CBP Bulletin Notice on Classification of Auto-Samplers for Chromatographs and DNA Sequencing Genetic Analyzer Machines
In the August 13, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 33), CBP published a notice revoking three rulings and a treatment as follows:
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Revocation of rulings, revocation of treatment.CBP is revoking three rulings on the classification of auto-samplers that attach to other machines that analyze samples such as a chromatograph and a DNA sequencing analyzer; in addition, this notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after October 13, 2009.
Auto-sampler machines. At issue are auto-sampler machines that are used with and attached to a chromatograph or a DNA sequencing genetic analyzer machine. The subject articles are the ALS 104 GC Auto-Sampler used with a gas chromatograph, and the GC Auto-Sampler platform used with the ABI Prism 3100 Genetic Analyzer. Similar to other auto-sampler devices considered by CBP in previous rulings, the auto-sampler devices use pumps, motors, and syringes to repeatedly withdraw specific volumes of material from test vials for analysis by another machine or system. Essentially, the auto-samplers are used to automate the process by which various samples are prepared and moved into another machine that analyzes the samples.
CBP is issuing HQ W967842 and HQ W967843 in order to revoke NY 899900, NY G86629, and NY G84697 so as to classify the subject merchandise under HTS 8479.89.9897 (now HTS 8479.89.9899), which provides for "Machines and mechanical appliances having individual functions, not specified in this chapter; Other machines and mechanical appliances: other," rather than in 10-digit subheadings under HTS 9027.90.54, which provide for parts or accessories of instruments and apparatus for physical or chemical analysis, or HTS 9027.90.55 (1994), which provided for instruments and apparatus for physical or chemical analysis, chromatographs, parts and accessories, other.
CBP determines that although the auto-sampler machines may seem to meet the criteria of an accessory for a chromatograph and for a DNA sequencing machine of HTS 9027, when Legal Note 2(a) to HTS Chapter 90 is applied, the auto-sampler machines cannot be classified in HTS 9027.
According to CBP, Legal Note 2(a) states that "parts and accessories which are goods included in any of the headings of [chapter 90] or of chapter 84, 85, or 91 (other than heading 8485, 8548, or 9033) are in all cases to be classified in their respective headings."
CBP states that heading 8479 (which is within chapter 84) is an alternative classification choice for the auto-sampler machines, as it deals in part with machines that perform their function when they are mounted on another more complex machine.
Moreover, CBP finds that the auto-sampler machines meet the requirements of Explanatory Note (EN) 84.79, which, among other things requires the machine's function (the auto-sampler) to be: (a) distinct from that which is performed by the machine or appliance whereon they are to be mounted, or by the entity they are to be incorporated, and (b) does not play an integral and inseparable part in the operation of such machine, appliance, or entity.
By virtue of Legal Note 2(a) to Chapter 90, and in accordance with General Rule of Interpretation (GRI) 1, CBP concludes that the subject merchandise is classified in HTS 8479.89.9897 (now HTS 8479.89.9899), as a machine or mechanical appliance having individual functions not specified or included elsewhere. CBP adds that this conclusion is consistent with the majority of other rulings on similar devices.
New: 8479.89.9899 (formerly 8479.89.9897), 2.5%; previous: 9027.90.5520 (1994), 4.9%; 9027.90.5430, 9027.90.5450, duty-free.
(See ITT's Online Archives or 12/09/05 news, (Ref:), for BP summary of proposed HQ W967842 and HQ W967843.)
August 13, 2009 CBP Bulletin (Vol. 43, No. 33) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/