CLA-2-70:RR:NC:2:226 E84641

Mr. P. R. Goodwill
British Shielding Windows Limited
Greenfield Business Park
Holywell Flintshire CH8 7HJ

RE: The tariff classification of two types of radiation shielding products from the United Kingdom

Dear Mr. Goodwill:

In your letter dated July 7, 1999, you requested a tariff classification ruling. Illustrative literature was submitted with your ruling request.

You indicated in your letter that “Radiation Shielding Windows” are designed to shield against X-rays or alpha, beta or gamma radiation and that dimensions will vary depending upon a particular customer’s window size. You stated in your letter that you plan to import two types of radiation shielding products. The first type is a complete window consisting of lead glass blocks caulked into a steel or cast iron frame.

The applicable subheading for the iron or steel framed window will be 7326.90.8585, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel: other: other: other. The rate of duty will be 2.9 percent ad valorem. The second type is an unframed lead glass block. Upon importation into the United States this item will function as window glass and will be fitted into a steel or cast iron frame.

The applicable subheading for the unframed lead glass block will be 7016.90.5000, HTS, which provides for leaded glass windows and the like: other: other. The rate of duty will be 5 percent ad valorem. In your presentation, you suggested that subheading 9022.29.00, HTS, is applicable. However, heading 9022 provides for apparatus based on the use of X-rays or alpha, beta or gamma radiations. These windows will routinely be protecting people when no such apparatus is being operated. Also, while its parts and accessories, per the Explanatory note to heading 9022 includes the shields for X-ray tubes, it does not include several other "protective devices” such as lead glass goggles, even when worn by X-ray machine operators, that are not directly related to the safe operation of the radiation emitting device per se.

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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division