The tariff classification of a FYSIUM Demonstrator from an undisclosed country

N248610 December 26, 2013 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9023.00.0000 Mr. Christopher Pey Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue, 44th Floor New York, NY 10022 RE: The tariff classification of a FYSIUM Demonstrator from an undisclosed country Dear Mr. Pey: In your letter dated December 9, 2013, on behalf of your client Janssen PMP, Incorporated, you requested a tariff classification ruling. No samples were provided. Regarding the FYSIUM Demonstrator, imported as a shell without electronics, wiring, pump or heating units, plus the Cartridge Unit Shell without tubing, etc., we do not find it to be commercially feasible as suitable for a use other than in training and explaining the sophisticated processes involved to those who will be working with the operational items. We agree that the applicable subheading for the FYSIUM Demonstrator/Unit Shell will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. The rate of duty will be Free. Regarding the FYSIUM gas generator system, and separately imported empty cartridges, we are returning your request for a ruling and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below: Are the imported cartridges enclosed in a generator housing when imported with the generator?  What is the material composition breakdown of the FYSIUM cartridges? How does the generator operate?  Is it electrically operated or is it burning fuel by combustion?  Does the heat result in the combustion of any kind?  Is the generator burning any kind of solid fuel?  Is there a bed of fuel used by the generator and what type of fuel is used?  How is the 1-methylcyclopropene (1-MCP) gas removed or drawn off the top of the generator? How is the generator cleaning?  What is being removed from the gas and why does it have to be cleaned? What is the material composition of the cleaning solution? How is the generator heating the activator chemical? Is the gas a result of a water phase (steam or water)?  If so, is the gas, which is produced, a mixture of hydrogen and carbon monoxide? Is the gas, which is produced by the generator, a combination of carbon monoxide, hydrogen and nitrogen?  What chemicals are being mixed in the generator?  If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 information requested above, contact National Import Specialist D. Faingar at (646) 733-3010. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division