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 a portable cryocooler

Dear Ms. Normand:

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

The article in question is described as the Polycold P-100 Cryocooler. This compact, portable cryocooler provides an easy to use alternative to liquid nitrogen in small vacuum systems. You indicate that the Model P-100 Cryocooler features a patented single compressor refrigerating process that employs auto-refrigerating cooling and uses a CFC-free refrigerant mixture in a closed loop system which supplies continuous cooling. It also provides high-speed pumping of water vapor and prevents the back-streaming of vacuum pump fluids.

The applicable subheading for the portable cryocooler will be 8418.69.0180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other refrigerating or freezing equipment. The rate of duty is 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 Kenneth T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division