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June 1, 1999

CLA-2-84:RR:NC:MM:106 E82791


TARIFF NO.: 8419.89.9085

Dr. Maurizio Bianchi
Metachem Products, LLC
745 Governor Lea Road
New Castle, DE 19720

RE: The tariff classification of a crystallizer from France

Dear Dr. Bianchi:

In your letter dated May 25, 1999, together with a facsimile dated May 27, 1999, you requested a tariff classification ruling. Technical literature was included with your request.

You describe the merchandise in question as a crystallizer used to separate components of a chemical compound by a process involving heating and cooling. The unit is a cubical structure with the following dimensions: 4.25 x 4.2 x 3.6 meters and a volume of 22.5 meters. Internally, it is fitted with finned pipes for heat transfer purposes. In operation, a cooled liquid is made to course through the unit past a stationary "mother liquor" in a process called malt static crystallization (MSC). In MSC, a batch of feed material is cooled by a circulating fluid and the desired product crystallizes. The residual mother liquor is drained off. The remaining crystals are partially melted, or "sweated", to remove impurities from the crystal surface. Finally, the purified crystals are fully melted and the melt discharged. This is not a distillation process, nor is this unit a true heat exchanger although heat exchange principles are at work.

The applicable subheading for the crystallizer will be 8419.89.9085, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials involving a change of temperature. The rate of duty will be 4.2 percent ad valorem.

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 Patrick J. Wholey at 212-637-7036.


Robert B. Swierupski

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