CLA-2-84:S:N:N1:104 814130
Mr. Lee R. Supper
Charles Supper Company Inc.
15 Tech Circle
Natick, Massachusetts 01760-1026
RE: The tariff classification of a Cryostream Cooler System from
England.
Dear Mr. Supper:
In your letter dated August 23, 1995 you requested a tariff
classification ruling.
The Cryostream is a nitrogen gas flow cooler designed
specifically for crystallographic applications. An open Dewar is
used and liquid nitrogen is sucked out by an external pump
through a vacuum jacketed flexible metal tube into the Cryostream
coldhead. Here the liquid is vapourized and the resulting gas
exits, passes through the pump and a flow controller, finally
returning to the cryostream. The now warm nitrogen gas then flows
through a heat exchanger whence it is recooled by the incoming
liquid. This cold gas subsequently passes through a nozzle onto
the crystal sample. Within the nozzle a heating element and
thermo-sensor enable the cold gas to be reheated to any desired
temperature between 80 and 320K. The basic system includes the
Cryostream cold head, a gas flow control unit and Cryostream
programmable temperature controller. It may also be imported with
a support stand and dry air unit.
The literature indicates that the Varibeam Support Stand is
designed especially for the Cryostream Coldhead. It can be
adjusted to suit almost all known diffractometer configurations.
A precision dovetail slide, leadscrew and graduated scale allow
the coldhead to be retracted when not in use and repositioned at
the crystal when required.
The AD31 Dry Air Unit provides a continuous supply of dry
air with a dewpoint of less than -60 degrees C at a maximum flow
rate of 25 l/minute. This is achieved by repeated switching
between two drying columns through which air is pumped either to
dry or purge. The only operating controls are an on-off switch
and an output flow adjustment. It is used with the Cryostream to
prevent icing of the crystallographic sample. The literature
indicates that it can be used in many operations where dry air is
required.
You suggest that the Cryostream Cooler System should be
classified under HTS subheading 9022.90.6000 which provides for
parts and acccessories for apparatus based on the use of x-rays.
Chapter 90, note 2(a) however requires that parts and accessories
which are goods included in any of the headings of that chapter
or of chapter 84, 85 or 91 are in all cases to be classified in
their respective headings. Your system is included in one of the
headings in chapter 84.
The applicable subheading for the Cryostream System imported
with or without the Varibeam Support Stand and/or the AD31 Dry
Air Unit will be 8418.69.0095, Harmonized Tariff Schedule of the
United States (HTS), which provides for other refrigerating or
freezing equipment. The rate of duty will be 2.3 percent.
The applicable subheading for the Varibeam Support Stand
imported separately will be 8418.91.0000, HTS, which provides for
parts of refrigerators, freezers and other refrigerating or
freezing equipment: furniture designed to receive refrigerating
or freezing equipment. The rate of duty will be 2.3 percent.
Your inquiry does not provide enough information for us to
give a classification ruling on the Dry Air Unit imported
separately. Your request for a classification ruling should
include specifications for the drying columns and an explanation
as to how the air is dried in these columns.
This ruling is being issued under the provisions of Section
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 Robert
Losche at 212-466-5670.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division