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NY L88599




January 20, 2006

CLA-2-38:RR:NC:2:238 L88599

CATEGORY: CLASSIFICATION

TARIFF NO.:3822.00.6000

Mr. Ken Goicoechea
Norco, Inc.
1121 W. Amity Rd.
Boise, ID 83705

RE: The tariff classification of cylinders filled with compressed gas

Dear Mr. Goicoechea:

In your (undated) letter received by this office on November 3, 2005, you requested a tariff classification ruling on three compressed-gas mixtures, which you refer to as “calibration mixtures,” that will be used to perform calibrations for industrial hygiene or laboratory applications.

The first product, described as “Compressed Gas, N.O.S. (Nitrogen, Hydrogen Sulfide), 2.2, UN 1956,” consists of aluminum compressed-gas cylinders stated to contain Hydrogen Sulfide gas (approximately 25 PPM (parts per million)) mixed with Nitrogen gas.

The second product, described as “Compressed Gas, N.O.S. (Air, Methane), 2.2, UN 1956,” consists of steel compressed-gas cylinders stated to contain Methane (approximately 2.50%) mixed with Air..

The third product, described as “Compressed Gas, N.O.S. (Air, Carbon Monoxide), 2.2, UN 1956,” consists of steel compressed-gas cylinders stated to contain Carbon Monoxide (approximately 50 PPM (parts per million)) mixed with Air.

In a telephone facsimile message dated January 18, 2006, addressed to a member of my staff, you indicated that the subject products will be accompanied by a certificate of analysis indicating the values of the certified properties, the methods used to determine these values, the degree of certainty associated with each value, and the certifying authority. You also indicated that “[T]hese calibration mixtures are filled and shipped in DOT-39, TC-39 non-refillable cylinders.”

The applicable subheading for the three subject products will be 3822.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Certified reference materials.” The rate of duty will be free.

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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404. Alternatively, you may contact EPA Region I0 at 1200 Sixth Avenue, Seattle, WA, telephone number (206) 553-1200.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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