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NY N025615




April 8, 2008

CLA-2-84:OT:RR:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.9585

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth St.
Pembina, ND 58271

RE: The tariff classification of environmental chamber cabinets from China.

Dear Ms. Studeny:

In your letter dated April 1, 2008 on behalf of Controlled Environments Limited, you requested a tariff classification ruling. You included descriptive literature and specifications with your request.

The merchandise at issue is referred to as an environmental chamber cabinet and is imported in two different models presented in your request. Both cabinets are designed to maintain a specific temperature within an environmentally controlled cabinet based upon the users selected settings. The cabinets are made with an outer shell of stainless steel and the doors seal with magnetic gaskets. An electrically operated, non-CFC refrigeration system is used to heat or cool contents as needed for experimental, research and controlled growth purposes. There is a lighting system which can be used to enhance growth within the chamber. The model “adaptis 350” is a multifunctional unit with a single chamber that can be reconfigured by the user as needed. The temperature range is 4 to 60 degrees centigrade and the volume is said to be 31.5 cubic feet. The model “adaptis A1000” is available in four specific designs to suit different research in plant growth, Arabidopsis (the growth and study of mustard related plants), tissue culture or incubation of plants. Temperature ranges can range from 10 to 40 degrees centigrade. Interior volume varies with design. The basic unit does not incorporate humidity control for the chamber’s interior but it is an option.

You suggest that the environmental chamber cabinets would be correctly classified in 8419.89.9589 Harmonized Tariff Schedule of the United States (HTSUS). This is not correct as this HTS does not currently exist.

The applicable subheading for the “adaptis 350” and “adaptis A1000” environmental chamber cabinets will be 8419.89.9585, HTSUS, which provides for machinery, plant or laboratory equipment,for the treatment of materials by a process involving a change of temperature such as heating,or cooling,: other machinery or plant equipment: other: other: other, other: for other materials. The general rate of duty will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/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 Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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