CLA-2-84:OT:RR:NC:1:104
Mr. Christopher Pey
Meeks, Sheppard, Leo & Pillsbury
1735 Post Road
Suite 4
Fairfield, CT 06824
RE: The tariff classification of a FYSIUM® Gas Generator System from the Netherlands
Dear Mr. Pey:
In your letter dated January 10, 2014, on behalf of your client, Janssen PMP, Inc., you requested a tariff classification ruling.
You are requesting a classification for the following three scenarios: 1) the complete FYSIUM® gas generator system, which consists of the generator unit and associated empty cartridges, imported together in one shipment, 2) the FYSIUM® gas generator unit when imported separately and 3) empty cartridges when imported separately. For purposes of this ruling, “empty” means that the chemical materials used in the FYSIUM® gas generator system will be imported separately from the generator units and cartridges. The chemical starting materials will be added to the cartridges subsequent to importation.
A FYSIUM® gas generator system consists of a generator component and its associated cartridges. The FYSIUM® gas generator system produces a predetermined amount of the plant growth regulator 1-methylcyclopropene (“1-MCP”) which inhibits ethylene production by fruits (primarily apples) to extend their shelf life. The system is operated electrically. There is no combustion involved in the gas generating process. It does not burn any kind of fuel. The FYSIUM® generator makes 1-MCP by heating an activator chemical inside the first vessel in the cartridge which is then pumped into a second vessel which contains the precursor chemical. At the same time heat is being applied in the second vessel, a magnetic stirrer in the second vessel is activated to ensure complete mixing. The resulting gas is pumped through a cleaning solution in the third vessel. The cleaned 1-MCP plant growth regulator is then emitted into an enclosed indoor storage room.
The FYSIUM® generator unit is equipped with two heating elements, temperature sensors, printed circuit boards, a pump and a motor for mixing the chemicals in the second vessel. The top of this unit contains a control panel with two buttons and a display. The FYSIUM® operator attaches a filled cartridge to the generator, plugs the generator into an electrical outlet, and then presses one of the control buttons to start the process
The FYSIUM® cartridge consists of three plastic vessels which are connected by a plastic top piece. The magnetic stirrer is located in the second vessel. The top connects with locking tabs. The vessels are closed with screw caps and locked with the FYSIUM® cartridge top. When the cartridge top is pressed onto the cartridge bottom, the cartridge is “armed” meaning that the 3 components are connected. The cartridge top cannot be removed by the operator. The cartridge is designed solely for operation with the FYSIUM® gas generator unit. As noted above, the FYSIUM® cartridge is imported empty without any chemical components.
The FYSIUM® generating system consists of separate components, i.e., the generator unit and the cartridges. The generator unit and the cartridges are not designed to be permanently mounted to each other. Neither the generator unit nor the cartridges alone is capable of performing the gas generating operation. They must be used together to produce the desired gas. The generator unit, or base unit, contains the heating elements, pump and motor while the cartridges contain the magnetic stirrers.
In your ruling letter, you suggested that Heading 8419 of the Harmonized Tariff Schedule of the United States, HTSUS, be considered as a classification for the FYSIUM® gas generator and its cartridges. The item in question uses cartridges and electricity to create gas used to inhibit the natural deterioration of fruits and vegetables. You request Heading 8419, HTSUS, claiming the “change of temperature” operation is similar to that performed by the thermal cycler found in Applied Biosystems v. United States (Slip Opinion 10-72/8419). In said case, the court found the classification of the thermal cycler to be under Heading 8419, HTSUS. It is the opinion of this office that the addition of the magnetic stirrer, as mentioned on page 6 of your ruling request, would make the FYSIUM® gas generator system more akin to the BioBundle Bioreactor Systems addressed in the Applikon Biotechnology Inc. v. United States court case (Slip Opinion 11-154/8479.82). In said case, the bioreactor systems, which utilized heat and mixing/stirring, were classified in Heading 8479, HTSUS. It is the opinion of this office that the FYSIUM® gas generator system is more specifically provided for elsewhere in Chapter 84, not in Heading 8419.
The applicable subheading for the FYSIUM® gas generator system consisting of the gas generator unit and its associated empty cartridges, imported together in the same shipment, will be 8479.82.0040, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: Mixing, kneading or stirring machines”. The rate of duty will be free.
The applicable subheading for (1) the FYSIUM® gas generator unit, imported separately without the empty cartridges, and (2) the empty cartridges, when imported separately, will be 8479.90.9496, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: 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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division