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NY C83915




February 17, 1998

CLA-2-84:RR:NC:1:104 C83915

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.39.8015; 9802.00.8065

Mr. Ramadas Kini
Schering Laboratories
Schering Plough Corporartion
1095 Morris Avenue
Union, New Jersey 07083-7137

RE: The tariff classification of isolators (mini clean rooms) from Germany

Dear Mr. Ramadas:

In your letter dated January 22, 1998 you requested a tariff classification ruling.

You state that the primary purpose of an isolator is to interface with selected equipment to maintain a sterile environment. You describe it as an environmental containment chamber, a miniature clean room. The chamber will be designed with the capability of maintaining positive or negative pressures, laminar flow, inert environment, humidity conditions and varying degrees of temperature.

To achieve the required conditions, the isolator will be equipped with blowers to maintain the desired pressure schemes, ports for supplying clean dry air (to control humidity) and inert environment (oxygen free - by injecting nitrogen), heating and cooling coils to attain the desired temperature conditions and filters to maintain sterile conditions. The isolator will have glove ports to access various parts of the equipment for manipulating a process or an operation inside the isolator and, of course, the necessary control system to monitor and control the set conditions within the isolator. Schering Plough has provided the chamber shells, blowers, and control hardware to the German manufacturer. Some or all of this equipment shipped to Germany may be of U.S. origin.

The applicable subheading for the isolators will be 8421.39.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for gases: other: other. The rate of duty will be 0.8 percent.

In addition, articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting will be subject to a duty upon the full value of the imported article, less the cost or value of such products of the United States, under subheading 9802.00.8065, HTS.

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 Robert Losche at 212-466-5670.

Sincerely,

Robert B. Swierupski
Director,

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