HQ 081459: Classification of radioactive solutions in glass ampoules from England

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 081459

                                    March 20, 1989


            CLA -2 CO:R:C:G  081459 JGH

            CATEGORY:  Classification

            Tariff No.: TSUS 494.50 709.60

            District Director of Customs
            610 South Canal Street
            Chicago, Illinois  60607

            RE:  Classification of radioactive solutions in glass ampoules
                 from England

            Dear Sir:

                 This is a decision on the application for further review
            of Protest No. 3901-7-000384, on the classification of
            radioactive elements, compounds or isotopes in solutions

            FACTS:

                 The merchandise consists of radioactive standardized
            solutions of cerium-144, radium-226, cobalt-60, sodium-22,
            manganese-54, Iodine-125, Iodine 131, caesium 137, and
            hydrogen-3, imported in glass ampoules.  They are premeasured
            amounts of various radioactive elements or compounds which are
            manufactured to precise specifications.  The solutions are used
            in any type of application requiring radionuclides possessing
            precise measurable and certifiable radioactive properties.
            Typical use of the ampoules would be in the preparation of
            solid radioactive sources or as standards for testing the
            accuracy of various types of measuring or testing equipment.
            It is asserted that the solutions may be redispensed by the
            user from the original ampoule to other suitable containers.
            In addition, it is stated that, if necessary the solutions may
            be diluted.  The ampoules are said to be in various sizes and
            shapes.






















                                         - 2 -

            ISSUE:

                 Whether the radioactive solutions are classifiable under
            the provisions for chemical elements, compounds, isotopes, all
            the foregoing...whether or not described elsewhere in the
            tariff schedule, which are usefully radioactive, in item
            494.50, TSUS; or whether they are classifiable under the
            provision for apparatus based on the use of radiations from
            radioactive substances and parts thereof, in item 709.66, TSUS.

            LAW AND ANALYSIS:

                 Customs has ruled that where a capsule is specially
            designed to be part of equipment which cannot function without
            it, it is classifiable as a part of an apparatus based on the
            use of radiations in item 709.66, TSUS.  However, where the
            capsule is merely the container for the radioactive material
            and is, in fact, an usual and ordinary container for such
            merchandise, the capsule is not considered a part.

                 In the explanatory notes to the Harmonized Tariff
            Schedule, which replaced the Tariff Schedules on January 1,
            1989, note 28.44 states that radioactive chemical elements,
            isotopes and their compounds are normally put up in the form of
            powders, solutions, needles, thread or sheets.  It goes on to
            state that they are generally contained in glass ampoules, in
            hollow platinum needles, in stainless steel tubes, etc., which
            are packed in anti-radiation metal outer containers (generally
            of lead), the choice of thickness of which depends on the
            degree of radioactivity.

                 Glass ampoules being the usual container for these
            solutions, they are classifiable in item 494.50, TSUS.

            HOLDING:

                 The protest is allowed in full.

                 A copy of this decision should be provided the protestant
            with a copy of the form 19 notice of action.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division








            6cc:  Area Director, New York Seaport
            2cc:  Chief, CIE
            1cc:  Regional Commissioner, Chicago Illinois
            1cc:  Regulatory Trade Programs Division
            JGHurley:jaj:3/13/89