CLA-2-84:RR:NC:1:104 I87395

Ms. Jung-Ah Park
Science Future Corporation
511 Avenue of the Americas, #225
New York, NY 10011-8436

RE: The tariff classification of Omega Water Ionizer Products from Japan

Dear Ms. Park:

In your letter dated October 7, 2002 you requested a tariff classification ruling.

You indicate that the Omega Water Ionizer Products, Ionizing Sticks and Ionizing Chambers, function without the need for electricity (for electrolysis). The working principle is the chemical reaction of magnesium, its primary ingredient, in hot water that produces Mg(OH)2 and H2 . The patent that was issued in Japan is in the special treatment of magnesium that enables it to react safely in cold water as well. The difference enables Omega products to be portable, such as Omega Sticks which can be put in one’s water bottle and carried around. The contents in the products, magnesium and ceramic particles, are basically the same.

The Omega Ionizing Sticks are plastic cylinders with vent holes on the sides and one hole on each capped end so that the magnesium and ceramic in the inner stainless steel wire mesh container can react with the water. They come in two sizes, the small is approximately 3 inches long while the large is a little over 4 inches long. Both are approximately ¾” in diameter.

The Omega Water Chambers contain the same magnesium and ceramic particles as the ionizing sticks. The difference is that the chambers are designed to create whirlpool movement within the chamber when water runs through, thus accelerating the ionizing reaction. The chamber may be installed between a faucet and water pipe and a washing machine and water pipe. The samples submitted have a vinyl chloride (hard plastic) body. Future models may have stainless steel bodies. These unit are approximately 10 inches long and a little under 4” in diameter. They have built-in fittings to attach to the water supply.

The applicable subheading for the Omega Water Ionizing Sticks and Water Ionizing Chambers will be 8421.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for liquids: for filtering or purifying water. The duty rate will be free.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division