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NY 869560


December 16, 1991

CLA-2-39:S:N:N3G:221 869560

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9010

Ms. Linda Campanian
Milne & Craighead Customs Brokers
200 International Boulevard
P.O. Box 2
Sweetgrass, Montana 59484

RE: The tariff classification of benchtop radiation waste containers from Canada.

Dear Ms. Campanian:

In your letter dated November 26, 1991, on behalf of Tyler Research Instruments Corporation, you requested a tariff classification ruling.

The benchtop radiation waste containers are composed of acrylic, and are used to shield against radiation hazards. Instead of shielding people from the isotope, the isotope itself is placed in the shielded container. The containers are used in a variety of molecular biological applications. The benchtop containers (models RWD-B.375 and RWD-B.5) are 25 cm wide by 20 cm deep by 23 cm tall. Model RWD-B.375 is 10 mm thick; model RWD- B.5 is 12.7 mm thick.

The applicable subheading for the benchtop radiation waste containers will be 3926.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other, laboratory ware. The rate of duty will be 5.3 percent ad valorem.

Goods classifiable under subheading 3926.90.9010, HTS, which have originated in the territory of Canada, are presently entitled to a 3.7 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. In 1992 such goods will be entitled to a 3.1 percent ad valorem rate of duty.

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.

Sincerely,

Jean F. Maguire
Area Director

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