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NY 867359

October 24, 1991

CLA-2-90:S:N:N1:104 867359


TARIFF NO.: 9022.21.0000; 9022.90.9000; 6903.10.0000

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.


Jean F. Maguire
Area Director

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