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NY F88948




August 15, 2000

CLA-2-28:RR:NC:SP:236 F88948

CATEGORY: CLASSIFICATION

TARIFF NO.: 2844.40.0020, 9022.29.4000, 9022.29.8000

Mr. Paul Highberger
JAI Corporation
4103 Chain Bridge Road, Suite 200
Fairfax, VA 22030

RE: The tariff classification of spent radium containing devices from Western Europe

Dear Mr. Highberger:

In your letter dated June 23, 2000 you requested a tariff classification ruling.

The items to be imported include radium needles, tubes, lightning rod heads containing radium and smoke detectors containing radium. The additional information you provided indicated no radium or other parts of theses devices would be released for resale, recycle or scrap recovery.

The needles and tubes were used in radiation therapy and were collected from doctors and hospitals. The lightning rod heads have radium contained in a plate mounted on the heads. The majority of the heads have been reduced to the radium source and the support plate but some heads still have inactive parts attached (i.e. sections of metal mast, ceramic deflecting rings and lengths of cable). The smoke detectors will be imported intact and disposed of in their entirety. You state these items were extensively used in the 1950’s and 1960’s and are now considered “waste”.

Lightning rod heads and smoke detectors containing radium are classified in the Harmonized Tariff Schedule of the United States (HTS) under heading 9022. You state there will be no recovery of any of the materials (i.e. radium) for other uses. Therefore, classification based on the primary recovered material does not apply. The fact that these items are no longer capable of operating normally does not preclude their classification as an operational item.

The applicable subheading for the radium needles and tubes will be 2844.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products: Radioactive elements and isotopes and compounds other than those of subheadings 2844.10, 2844.20, and 2844.30; alloys, dispersions (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds; radioactive residues: Other. The rate of duty will be Free.

The applicable subheading for the lightning rod heads will be 9022.29.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus based on the use of alpha, beta or gamma radiations; not smoke detectors; and not for medical, surgical, dental or veterinary uses. The general rate of duty will be 1.4 percent ad valorem.

The applicable subheading for the smoke detectors will be 9022.29.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for smoke detectors, ionization type. The general rate of duty will be 1 percent ad valorem.

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 Deborah Walsh at 212-637-7062 or National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,

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