November 23, 2005 CBP Bulletin Notice On Auto-Sampler Machines
In the November 23, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 39, No. 48), CBP issued a notice proposing to revoke three classification rulings on auto-sampler machines. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed ruling, or any party involved with a substantially identical transaction, should advise CBP by December 23, 2005, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of Three Classification Rulings
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 proposing to issue HQ 967842 and HQ 967843 in order to revoke NY 899900, NY G86629, and NY G84697 so as to classify the subject merchandise under HTS 8479.89.9897, 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 is proposing 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) I, CBP concludes that the subject merchandise should be classified in HTS 8479.89.9897, 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.
proposed: HTS 8479.89.9897, 2.5%; current: 9027.90.5520 (1994), 4.9%; 9027.90.5430, 9027.90.5450, duty-free.
November 23, 2005 CBP Bulletin (Vol. 39, No. 48) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_11232005_no48/