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NY 873375


May 5, 1992

CLA-2-90:S:N:N1:114 873375

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.90.4430, 7017.90.0050

Mr. John A. Burgener
Technical Solutions Unlimited
944 Meadowwood Rd.
Mississauga, Ontario
Canada L5J2S6

RE: The tariff classification of Nebulizers and Chambers from Canada

Dear Mr. Burgener:

In your letter dated March 30, 1992 you requested a tariff classification ruling on nebulizers and chambers used as parts of spectrographic analytical systems.

The nebulizers are composed of teflon and the chambers are composed of teflon, pyrex or polypropylene. The nebulizers are designed to provide a fine mist from a solution. The mist is directed into the chamber where the larger droplets of liquid drop out and the finest droplets are allowed to pass through. The droplets are carried by an argon gas to a torch burning at 6000 degrees Centigrade, in which the droplets are vaporized, atomized, and energized enough to emit light. The ICP (Inductively Coupled Plasma) Spectrometer determines how much of which elements are in the liquids it analyzes, by measuring the amount of light given off by the heated liquids. The ICP Spectrometers are used for analyzing metals, rocks, soils, liquids and water. Any item that can be dissolved and nebulized can be analyzed by the spectrometer.

You indicated in a telephone conversation that the nebulizer contains no moving parts. The nebulizer releases Argon gas at 100 psi, and the analyte solution passes near the spray of Argon and is atomized. The chamber does not include the torch, based on the descriptive literature that you provided.

The applicable subheading for the nebulizers composed of teflon and the chambers composed of teflon or polypropylene will be 9027.90.4430, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical or chemical analysis: parts of electrical instruments and apparatus, other; parts of articles of subheading 9027.30.40 (spectrometers, spectrophotometers and spectrographs using optical radiations). The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the chambers composed of pyrex will be 7017.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for laboratory, hygienic, or pharmaceutical glassware, whether or not graduated or calibrated, other, other. The rate of duty will be 8.4 percent ad valorem.

Goods classifiable under subheading 9027.90.4430, HTS, which have originated in the territory of Canada, will be entitled to duty free treatment under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 7017.90.0050, HTS, which have originated in the territory of Canada, will be entitled to a rate of duty of 7.5 percent ad valorem under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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