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March 2, 1999

CLA-2-90:RR:NC:MM:105 D87531

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.80.4520

Ms. Florence Pindrys
Cameca Instruments Inc.
204 Spring Hill Road
Trumbull, CT 06611-1356

RE: The tariff classification of the NanoSIMS 50 from France

Dear Ms. Pindrys:

In your letter, dated January 26, 1999, you requested a tariff classification ruling.

Your literature describes the NanoSIMS 50 as an “Analytical Scanning Ion Microscope”, as an “Ion Microanalyzer”, and as a “scanning ion microprobe”. We understand the SIMS in its name to stand for “Secondary Ion Mass Spectrometer”.

The device focuses high-velocity ions at minuscule sub-areas on or near the surface of a small sample and, from measuring the masses of the secondary ions blasted off the sample, it can produce a map of the chemical composition of the surface of the sample.

The device has primarily a high velocity, precision directed ion source, an ultrahigh vacuum chamber, and a sophisticated device to determine the masses of the secondary ions. These are the principle components of an operational mass spectrometer.

An optical microscope is used only to assist in viewing the sample. We understand that all other “lenses” cited in your literature are not capable of affecting optical radiations, but are the analogous electro-magnetic devices used to focus and otherwise change the direction of ion and electron streams. If this is not the case, this ruling is void.

The applicable subheading for this item will be 9027.80.4520, Harmonized Tariff Schedule of the United States (HTS), which provides for mass spectrometers. The general 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).

2

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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