CLA-2-84:OT:RR:E:NC:N1:106

Mr. Holger Hartmaier
DBK USA, Inc.
Suite C
Spartanburg, SC 29303

RE: The tariff classification of silica gel dehydrating device from Hong Kong.

Dear Mr. Hartmaier:

In your letter dated November 24, 2008 you requested a tariff classification ruling. A description and literature concerning the product was submitted.

The device is an advanced version of the Auto-Recharging Dehydration Breather (ARDB) now known under the initials ARDW. The purpose of the machine is to dry used dessicant silica gel. According to the information supplied, the wet silica gel is placed within the device’s chamber and a heating element within the ARDW heats the saturated silica gel, which in turn removes the moisture. The moisture condenses on a polycarbonate tube. The free water accumulates and drains out the bottom of the device.

The applicable subheading for the silica gel dehydrating device will be 8419.39.0180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materialsby a process involving a change of temperature such as…drying,…: dryers: other, other. The rate of duty will be free.

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 ruling, contact National Import Specialist Mark Palasek at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division