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NY I85498




August 27, 2002

CLA-2-28:RR:NC:SP:236 I85498

CATEGORY: CLASSIFICATION

TARIFF NO.: 2804.29.0050; 7311.00.0090

Mr. Martin Ratigan
Spectra Gases Inc.,
80 Industrial Drive
Alpha, NJ 08865-4083

RE: The tariff classification of Krypton, Xenon and Neon gases in steel cylinders from the Republic of Kazakhstan

Dear Mr. Ratigan:

In your letter dated August 2, 2002, you requested a tariff classification ruling.

The prospective imports are the rare gases Krypton, Xenon and Neon, which are imported packaged in steel cylinders. In your letter, you state that these products are produced in the Republic of Kazakhstan.

The items will be imported in reusable steel containers. The steel containers cannot be classified as packing material under GRI 5(b) because they are suitable for repetitive use. Therefore, each item will be classified separately.

The applicable subheading for the Krypton, Xenon and Neon gases will be 2804.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Hydrogen, rare gases and other nonmetals: Rare gases: Other: Other. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the steel cylinders will be 7311.00.0090, HTS, which provides for Container for compressed or liquefied gas, of iron or steel: Other. The 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).

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 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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