CLA-2-84:RR:NC:1:104 K85616

Mr. Mark Hastings
A.V. Reilly International, Ltd.
1555 N. Michael Drive
Wood Dale, IL 60191

RE: The tariff classification of automatic membrane dehydrators from an undetermined country.

Dear Mr. Hastings:

In your letter dated April 29, 2004 on behalf of Andrew Corporation of Orland Park, Illinois you requested a tariff classification ruling.

As stated in your initial request of December 3, 2003, the membrane dehydrator employs the principle of selective permeation through a membrane to separate water vapor from compressed air. The unit will be used to supply dry pressurized air to a broadcast transmission system to reduce the risk of corrosion and voltage breakdown due to moisture. The diagram provided indicated that the system includes a compressor, heat exchanger, filter bowl and membrane dryer. In addition to removing liquid from the air stream, the filter bowl includes a coalescing filter which can remove particulates to 0.01 micron. You suggested classification under HTS subheading 8421.39.8040 as filtering or purifying machinery and apparatus for gases.

Your present submission indicates that the membrane dehydrator is a self-contained unit incorporating the compressor, heat exchanger, filter bowl and membrane dryer and that no components will be added after importation. Literature has been provided for Dryline Automatic Membrane Dehydrator Models PMT200 and MT050. Both models feature automatic pressure sensing to activate and deactivate the air compressor only when needed to maintain pressure. Pressurized air is forced through the membrane cartridge while the separated moisture is vented outside. Both units can be wall mounted or placed in a 19” rack and include front mounted controls and status indicators.

The applicable subheading for the Dryline Automatic Membrane Dehydrator Models PMT200 and MT050 will be 8421.39.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for gases: other: other. The general rate of duty will be free.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division