CLA-2-90:S:N:N1:104 867359
Mr. James F. O'Hara
Stein Shostak Shostak & O'Hara
3580 Wilshire Boulevard
Los Angeles, California 90010-2597
RE: The tariff classification of the Tetley Technegas Generator
and Technegas Patient Administration Sets from Australia.
Dear Mr. O'Hara:
In your letter dated September 24, 1991 on behalf of
Cheyenne Medical Equipment, Inc. of Agoura, California you
requested a tariff classification ruling.
The Tetley Technegas Generator is designed to produce a
gamma emitting radioactive gas which is inhaled by a patient.
Using the gamma energies of the radioactivity, a picture is taken
of the patient's lungs to diagnose potential lung disease. The
gas is produced by placing a gamma emitting radioactive solution
(Technetium-99m) into a carbon crucible. The crucible is then
placed in the generator, and a stream of air dries the solution
as the crucible is warmed. The radioactivity is then converted to
a radioactive gas by heating at a very high temperature in an
atmosphere of Argon gas. The gamma emitting radioactive gas is
contained in a collection vessel from which a patient inhales the
gas through a specially designed, separately imported Patient
Administration Set. The Technegas Generator will be imported with
its transport cart (trolley).
The Technegas Patient Administration Sets are blister packed
and consist of a filter, a tee section with one way valves, a
graphite crucible, mouthpieces and a connecting hose. Due to
radioactive contamination, the sets are disposed of after a
single use. The graphite crucibles from the above set may also be
imported separately.
The applicable subheading for the Tetley Technegas Generator
with transport cart will be 9022.21.0000, Harmonized Tariff
Schedule of the United States (HTS), which provides for apparatus
based on the use of alpha, beta or gamma radiations ...: for
medical uses. The rate of duty will be 4 percent ad valorem.
The applicable subheading for the Technegas Patient
Administration Sets will be 9022.90.9000, HTS, which provides for
parts and accessories for apparatus based on the use of alpha,
beta or gamma radiations. The rate of duty will be 4 percent.
The graphite crucible, when separately imported, will be
classified under HTS subheading 6903.10.0000 which provides for
other refractory ceramic goods (for example, retorts, crucibles
...), other than those of siliceous fossil meals or made of
similar siliceous earths: containing by weight more than 50
percent of graphite or other forms of carbon or of a mixture of
these products. The rate of duty will be 4.9 percent.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport