CLA-2-84:S:N:N1:104 801606

Mr. Leslie K. Thomas
Enviro Trans (Diesel Miser) Inc.
7295 Rapistan Court
Mississauga, Ontario, L5N 5Z4, Canada

RE: The tariff classification of the Diesel Miser from Germany.

Dear Mr. Thomas:

In your letter dated August 22, 1994 you requested a tariff classification ruling. The Diesel Miser is a fuel saving device for diesel engines consisting of a bypass filtration unit (filtration cartridge which filters the engine oil) with a built-in heat exchanger. The heat exchanger transfers heat from the hot engine oil to the incoming fuel to heat it up before combustion, allowing for more efficient and clean burning of the air/fuel mixture. The filtration provided removes contaminants such as water, carbon and metal particles as small as 1 micron.

The applicable subheading for the Diesel Miser will be 8421.23.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for liquids: oil or fuel filters for internal combustion engines. The rate of duty will be 3.1 percent.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport