CLA-2-38:S:N:N7:236 884231

Mr. Richard D. Weddington
Vice President
GMI
P.O. Box 1285
Gary, North Carolina 27512-1285

RE: The tariff classification of a Passive Dosimeter from the Cayman Islands

Dear Weddington:

In your letter dated March 19, 1993 you requested a tariff classification ruling.

The prospective import, a Passive Dosimeter is a device carried on the person, designed to adsorb organic vapors such as formaldehyde, toluene, et cetera, from the ambient atmosphere. The dosimeter is not an instrument or apparatus used for physical or chemical analysis. Once the device is exposed, a laboratory using gas chromatography will determine personal exposure in parts per million hours.

There is no eo nominee provision under the General Rule of Interpretation (GRI 1). Under the GRI (3) consideration can be given to composite goods consisting of different components.

The dosimeters consist of two small plastic parts, a top and a bottom, both of which are cylindrical in shape, with walls about 3/8 inch high. In the bottom part is a small well in which is placed granulated activated charcoal which is designed to adsorb the vapors. The charcoal is held in place by a screen. The device is about 1 1/2 inch in diameter.

In our opinion, it is the activated charcoal which conveys the essential character to the instrument. The applicable subheading for the Passive Dosimeter will be 3802.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for activated carbon. The rate of duty will be 4.8 percent ad valorem.

Articles classifiable under subheading 3802.10.0000, HTS, which are products of the Cayman Islands, are entitled to duty free treatment under Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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