CLA-2-90:S:N:N3:114 802823

Mr. Jim Mason
Ball Aerospace and Communications Group
PlO. Box 1062
Boulder, Colorado 80306-1062

RE: The tariff classification of calibration lamps from Canada

Dear Mr. Mason:

In your letter dated August 31, 1994 you requested a tariff classification ruling on calibration lamps.

The calibration lamps are designed for use with the Hubble Space Telescope. The Space Telescope Image Spectrograph (STIS) is being developed for installation in the Hubble Space Telescope during its 1997 servicing mission. The STIS has the ability to calibrate itself during down time of the Hubble through a series of calibration subsystems installed into the STIS. The calibration lamps are part of the calibration subsystems. The subsystem contains all of the optics and the mechanical systems for relaying the ultraviolet (UV) radiation into the instrument for calibration. None of the optics are inside the lamp itself.

There are two types of lamps; one is a krypton lamp and the other is a deuterium lamp. These calibration lamps consist of gas- filled bulbs and electronics, mounted in an aluminum tube. An RF electronics circuit excites the gas in the bulb; this forms the gas into a plasma. The deuterium lamp also requires a heater and heater circuit. The circuit heats a pellet that absorbs the deuterium when the lamp is not operating. An optional trigger circuit and high voltage transformer will be included in the krypton lamp if it is difficult to start.

The lamps provide illumination over continuous wavelength bands in the UV range. The krypton lamp's emissions cover the wavelengths from 130nm to 160nm, while the deuterium lamp's emissions cover 160nm to 310nm. The lamps allow the Hubble to be calibrated from within during the times that the telescope is shut down, rather than using a known light source in space.

The applicable tariff provision for the calibration lamps will be 9031.90.5500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for parts and accessories of other optical measuring or checking instruments and appliances, other. The general rate of duty will be 10 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport