CATEGORY: Classification s296

NY J84865

June 11, 2003

CLA-2-90:RR:NC:N1:105 J84865

CATEGORY: Classification

TARIFF NO.: 9022.19.0000

Jerry Krause, Ph.D. Analytical X-ray Instrument Sales P.O. Box 483 Golden, CO 80402

RE: The tariff classification of GBC-Difftech Mini Materials Analyzer (MMA) X-ray Diffraction Systems from Australia

Dear Dr. Krause:

In your letter dated May 13, 2003, you requested a tariff classification ruling.

You state:

“ Item to be imported: The item to be imported is a polycrystalline (powder) X-ray diffractometer. The instrument allows powder diffraction measurements to be made by causing a beam of X-radiation to fall on a suitably prepared powder specimen, and measuring the angles at which a specific characteristic X-ray wavelength is diffracted….

As such, the instrument has several components: 1) an X-ray generator; 2) a sealed and shielded shutter controlled X-ray tube; 3) an X-ray radiation detector and counting electronics; 4) a goniometer to scan the detector through the diffraction angles; and 5) a shielded and interlocked X-ray-safe cabinet to house the entire system.

Principal Use: Characterization of polycrystalline materials (minerals, rocks, soils, ores, metals, chemicals, cement, semiconductors, polymers, etc.) Such characterization is used to identify, quantify, and/or otherwise characterize the crystalline phases present in the subject sample.

Technical Designation: The unit is technically and commonly designated as a ‘Powder X-ray Diffractometer’.” 2

We note that Harmonized System Explanatory Note I-C-1 to 90.22 indicates that it includes X-ray diffraction equipment used for the examination of the crystalline structure as well as the chemical composition of materials.

We agree that the applicable subheading for the MMA will be 9022.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus based on the use of X-rays, for “other” uses. The rate of duty will be free.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division