CLA-2-85:S:N:N1:109 836028

Mr. Henry Hofheimer
El-Tech Technology
7 Woodland Avenue
Larchmont, New York 10538

RE: The tariff classification of infrared detectors from France

Dear Mr. Hofheimer:

In your letter dated January 23, 1989 you requested a tariff classification ruling.

Your letter describes the infrared detector, identified in the submitted literature as a photovoltaic mercury-cadmium- telluride or indium antimonide diode housed in a dewer of glass or stainless steel. The purpose of the dewer is to cool the diode which is designed to operate at the temperature of liquid nitrogen (77K). The diode can be a single or multi-element device on a single crystal chip. The multi-element device is a diode array in which the diodes are diffused on a single crystal chip.

The applicable subheading for the single-element photovoltaic detector will be 8541.40.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for "diodes, other than light emitting diodes or solar cells," free of duty.

The applicable HTS subheading for the multi-element photovoltaic detector will be 8541.50.0080, which provides for "Other semiconductor devices." The rate of duty will be 1 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 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.


Jean F. Maguire
Area Director
New York Seaport