CLA-2-84:OT:RR:E:NC:N1:102

Ms. Kim Normand
Brooks Automation
15 Elizabeth Dr.
Chelmsford, MA 01824

RE: The tariff classification of cryogenic pumps

Dear Ms. Normand:

In your letter dated March 30, 2009 you requested a tariff classification ruling. Descriptive literature and an illustration were submitted.

The articles in question are described as the Brooks On-Board IS 250F and On-Board IS 320F Cryopumps. These vacuum pumps are specifically designed for Ion Implant applications. You indicate that the cryogenic pumps condense gases on cold surfaces to produce a vacuum effect. They are comprised of a mechanical refrigerator, a high temperature array for water vapor, a low temperature range for all other gases and a vacuum vessel to house the components.

In addition, the pumps include a thermo-couple type vacuum gauge, a microprocessor controller, control accessories, electrical heaters and temperature sensors as well as a rough valve, a purge valve and a pressure relief valve to enhance the operation and regeneration of the pump.

The applicable subheading for the cryogenic pumps will be 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. The rate of duty will be 2.5 percent ad valorem.

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 Kenneth T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division