CLA-2-81:OT:RR:NC:1:117
Mr. Martin Lilley
Technical Director
Lite Tech Inc.
975 Madison Ave.
Norristown, PA 19403
RE: The tariff classification “Xenolite” x-ray protection products.
Dear Mr. Lilley:
In your letter dated March 27, 2014 you requested a tariff classification ruling. You have provided photographs, component material breakdown sheets and descriptive literature. You also have submitted 10 x10 cm square samples of each of the three grades of “Xenolite” core material and a sample of a typical finished good. The samples will be returned.
The products under consideration are described as “Xenolite” x-ray protection materials. You indicate that these items will be manufactured into sheets and/or rolls or made into finished products such as x-ray aprons. They are designed to provide occupational protection against ionizing x-ray radiation to medical personnel such as physicians, radiologists and technicians exposed during medical imaging procedures in hospital, clinics, etc.
The material composition sheets indicate that these x-ray protective products are comprised of antimony, lead, tungsten, bismuth and barium sulfate. These metals/elements perform the essential function of radiation protection/absorption. The antimony powder is the predominant component by weight and cost.
You are of the opinion that the subject x-ray protection products are classifiable in heading 8110, Harmonized Tariff Schedule of the United States (HTSUS), as antimony and articles thereof. However, in your request you inquire whether these items should be classified in subheading 6211.33.10, HTSUS, which provides for industrial clothing.
Similar merchandise was previously ruled on in Headquarters Ruling HQ 951225 dated June 23, 1992. In that ruling, it was determined that radiation protection apparel was a composite good comprised of several different materials and that in accordance with General Rules of Interpretation (GRI) 3(b), the essential character of this product was imparted by the antimony powder. Without the radiation protection provided by the lead and antimony powder in the core material, the product would not have any use as protective apparel. As such, the radiation protection apparel was classified in subheading 8110, HTSUS, as antimony and articles thereof.
Based on the information provided, this office is in agreement with HQ 951225. We find that the subject x-ray protection products are composite goods. The essential character of these products is imparted by the antimony powder which is the component that predominates by weight and cost and along with the other metals/elements provides the radiation protection.
With regard to classification in subheading 6211.33.10, HTSUS, if the garment, apron and thyroid cover’s essential character is imparted by the metal components then the item(s) would not be considered a textile/apparel item and would not be classified in Section XI. Since HQ has previously ruled on similar merchandise in HQ 951225, the textile and apparel branch concurs with the determination in this HQ ruling that the essential character of the item is the antimony. As such, subheading 6211.33.10, HTSUS, is not applicable.
The applicable subheading for the “Xenolite” x-ray protection products will be 8110.10.0000, HTSUS, which provides for antimony and articles thereof, including waste and scrap, unwrought antimony; powders.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Mary Ellen Laker at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division