N323415

N323415 January 18, 2022 CLA-2-84:OT:RR:NC:N1:103 CATEGORY: Classification TARIFF NO.: 8419.89.9585; 9903.88.02; 8479.82.0080; 9903.88.01 Julia E. Hartenfels William B. Skinner, Inc. 300 Route 17 South, Suite 3C Lodi, NJ 07644 RE: The tariff classification of thermal cyclers and a beadblaster from China Dear Ms. Hartenfels: In your letter dated December 27, 2021, you requested a tariff classification ruling on behalf of your client, Benchmark Scientific, Inc. The first item under consideration is the Gradient Thermal Cycler, model number TC9639. Each unit features a lid, sample block, peltier unit, heated platen to prevent condensation, and touch screen for programming and instrument control. The thermal cycler uses a peltier element to heat and cool an aluminum block. The multi-format block provides the flexibility to fit a well plate, tubes, or tube strips. The thermal cycler amplifies segments of DNA using the polymerase chain reaction ("PCR"). During the PCR process, a DNA sample is heated and cooled to a typical program of three different temperatures. The program is then repeated 30-40 times, resulting in the exponential amplification of the original DNA strand. The second item under consideration is a Mini Thermal Cycler, model number TC-32. The unit is compact, measuring 9 inches x 7 inches and includes a lid, sample block, peltier unit, heated platen to prevent condensation, and touch screen for programming and instrument control. The thermal cycler uses a peltier element to heat and cool an aluminum block. The block is machined to fit 0.2ml tubes and tube strips. The thermal cycler amplifies segments of DNA using the polymerase chain reaction. During the PCR process, a DNA sample is heated and cooled to a typical program of three different temperatures. The program is then repeated 30-40 times, resulting in the exponential amplification of the original DNA strand. The third item under consideration is the Bead Blaster 96 Ball Mill Homogenizer for Plates, Mills and Jars (“Bead Blaster 96”). The Bead Blaster 96 is a device used to homogenize and grind a variety of different materials ranging from biological samples, such as tissues and cells; medium hard samples, such as pharmaceuticals; to hard samples, such as rocks and circuit boards. The Bead Blaster 96 works by placing the sample in a grinding container. The container can be either polypropylene tubes or plates, polycarbonate vials, stainless steel or tungsten carbide jars, etc. Grinding media is then added to the container. The size and material of the media is determined by the sample type and the size of the container. Grinding media materials may include zirconium, stainless steel, PTFE, or tungsten carbide. The sample container is locked into place in the sample arm (also described as the sample holder). Upon starting the unit, the sample container travels in a three-dimensional motion that causes both the sample and the beads to move inside the container where the sample material is “smashed” between the grinding media and the walls of the container or pieces of grinding media. The sample becomes trapped between pieces of grinding media or between the walls of the container and the grinding media causing it to break down. This broken-down material is then removed from the container and made available for downstream processing. In your submission you suggest the Gradient Thermal Cycler, model number TC9639, and the Mini Thermal Cycler, model number TC-32, are classified under subheading 8419.89.9585, HTSUS. We agree. The applicable subheading for the Gradient Thermal Cycler, model number TC9639, and the Mini Thermal Cycler, model number TC-32, will be 8419.89.9585, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other machinery, plant or equipment: Other: Other: Other: Other: For other materials.” The rate of duty will be 4.2 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8419.89.9585, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8419.89.9585, HTSUS, listed above. The applicable subheading for the Bead Blaster 96 will be 8479.82.0080, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: Other.” The rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8479.82.0080, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8479.82.0080, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 the World Wide Web at https://hts.usitc.gov/current. Please note that modifications to the HTSUS [to align the HTSUS on the 2022 version of the Harmonized Commodity Description and Coding System] pursuant to Section 1206 of the Omnibus Trade and Competitiveness Act of 1988 are forthcoming. These modifications, made by Presidential Proclamation 10326 and set forth in Annexes I, II.A, and II.B of U.S. International Trade Commission Publication 5240, will be effective on January 27, 2022. To the extent that the modifications to the HTSUS impact the classification of the merchandise subject to this ruling, you may submit a new ruling request at that time. 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 Paul Huang at paul.huang@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division