Classification of radioactive solutions in glass ampoules from England

HQ 081459 March 20, 1989 CLA -2 CO:R:C:G 081459 JGH CATEGORY: Classification Tariff No.: TSUS 494.50 709.60 District Director of Customs 610 South Canal Street Chicago, Illinois 60607 RE: Classification of radioactive solutions in glass ampoules from England Dear Sir: This is a decision on the application for further review of Protest No. 3901-7-000384, on the classification of radioactive elements, compounds or isotopes in solutions FACTS: The merchandise consists of radioactive standardized solutions of cerium-144, radium-226, cobalt-60, sodium-22, manganese-54, Iodine-125, Iodine 131, caesium 137, and hydrogen-3, imported in glass ampoules. They are premeasured amounts of various radioactive elements or compounds which are manufactured to precise specifications. The solutions are used in any type of application requiring radionuclides possessing precise measurable and certifiable radioactive properties. Typical use of the ampoules would be in the preparation of solid radioactive sources or as standards for testing the accuracy of various types of measuring or testing equipment. It is asserted that the solutions may be redispensed by the user from the original ampoule to other suitable containers. In addition, it is stated that, if necessary the solutions may be diluted. The ampoules are said to be in various sizes and shapes. - 2 - ISSUE: Whether the radioactive solutions are classifiable under the provisions for chemical elements, compounds, isotopes, all the foregoing...whether or not described elsewhere in the tariff schedule, which are usefully radioactive, in item 494.50, TSUS; or whether they are classifiable under the provision for apparatus based on the use of radiations from radioactive substances and parts thereof, in item 709.66, TSUS. LAW AND ANALYSIS: Customs has ruled that where a capsule is specially designed to be part of equipment which cannot function without it, it is classifiable as a part of an apparatus based on the use of radiations in item 709.66, TSUS. However, where the capsule is merely the container for the radioactive material and is, in fact, an usual and ordinary container for such merchandise, the capsule is not considered a part. In the explanatory notes to the Harmonized Tariff Schedule, which replaced the Tariff Schedules on January 1, 1989, note 28.44 states that radioactive chemical elements, isotopes and their compounds are normally put up in the form of powders, solutions, needles, thread or sheets. It goes on to state that they are generally contained in glass ampoules, in hollow platinum needles, in stainless steel tubes, etc., which are packed in anti-radiation metal outer containers (generally of lead), the choice of thickness of which depends on the degree of radioactivity. Glass ampoules being the usual container for these solutions, they are classifiable in item 494.50, TSUS. HOLDING: The protest is allowed in full. A copy of this decision should be provided the protestant with a copy of the form 19 notice of action. Sincerely, John Durant, Director Commercial Rulings Division 6cc: Area Director, New York Seaport 2cc: Chief, CIE 1cc: Regional Commissioner, Chicago Illinois 1cc: Regulatory Trade Programs Division JGHurley:jaj:3/13/89