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NY 814130

September 15, 1995

CLA-2-84:S:N:N1:104 814130


TARIFF NO.: 8418.69.0095; 8418.91.0000

Mr. Lee R. Supper
Charles Supper Company Inc.
15 Tech Circle
Natick, Massachusetts 01760-1026

RE: The tariff classification of a Cryostream Cooler System from England.

Dear Mr. Supper:

In your letter dated August 23, 1995 you requested a tariff classification ruling.

The Cryostream is a nitrogen gas flow cooler designed specifically for crystallographic applications. An open Dewar is used and liquid nitrogen is sucked out by an external pump through a vacuum jacketed flexible metal tube into the Cryostream coldhead. Here the liquid is vapourized and the resulting gas exits, passes through the pump and a flow controller, finally returning to the cryostream. The now warm nitrogen gas then flows through a heat exchanger whence it is recooled by the incoming liquid. This cold gas subsequently passes through a nozzle onto the crystal sample. Within the nozzle a heating element and thermo-sensor enable the cold gas to be reheated to any desired temperature between 80 and 320K. The basic system includes the Cryostream cold head, a gas flow control unit and Cryostream programmable temperature controller. It may also be imported with a support stand and dry air unit.

The literature indicates that the Varibeam Support Stand is designed especially for the Cryostream Coldhead. It can be adjusted to suit almost all known diffractometer configurations. A precision dovetail slide, leadscrew and graduated scale allow the coldhead to be retracted when not in use and repositioned at the crystal when required.

The AD31 Dry Air Unit provides a continuous supply of dry air with a dewpoint of less than -60 degrees C at a maximum flow rate of 25 l/minute. This is achieved by repeated switching between two drying columns through which air is pumped either to dry or purge. The only operating controls are an on-off switch and an output flow adjustment. It is used with the Cryostream to prevent icing of the crystallographic sample. The literature indicates that it can be used in many operations where dry air is required.

You suggest that the Cryostream Cooler System should be classified under HTS subheading 9022.90.6000 which provides for parts and acccessories for apparatus based on the use of x-rays. Chapter 90, note 2(a) however requires that parts and accessories which are goods included in any of the headings of that chapter or of chapter 84, 85 or 91 are in all cases to be classified in their respective headings. Your system is included in one of the headings in chapter 84.

The applicable subheading for the Cryostream System imported with or without the Varibeam Support Stand and/or the AD31 Dry Air Unit will be 8418.69.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for other refrigerating or freezing equipment. The rate of duty will be 2.3 percent.

The applicable subheading for the Varibeam Support Stand imported separately will be 8418.91.0000, HTS, which provides for parts of refrigerators, freezers and other refrigerating or freezing equipment: furniture designed to receive refrigerating or freezing equipment. The rate of duty will be 2.3 percent.

Your inquiry does not provide enough information for us to give a classification ruling on the Dry Air Unit imported separately. Your request for a classification ruling should include specifications for the drying columns and an explanation as to how the air is dried in these columns.

This ruling is being issued under the provisions of Section 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 Robert Losche at 212-466-5670.


Roger J. Silvestri
National Commodity

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