NY 851546

April 27 1990


CLA-2-70:S:N:N3G:226 851546

Ms. Lori Olsen
Vice President
Universal Transportation Systems, Ltd.
Customhouse Brokers
28436 Highland Road
Romulus, Michigan 48174

RE: The tariff classification of aquarium filters from West Germany.

Dear Ms. Olsen:

In your letter dated April 13, 1990, on behalf of your client, The Innovate Corporation, you requested a tariff classification ruling. Sample is being returned as requested. The submitted merchandise consists of small cylindrical- shape aquarium (fish tank) filters, known as "Siporax". "Siporax" is stated to be an open pore sintered glass product which is a new biological carrier material with special properties for the immobilization of microorganisms.

You feel that the subject merchandise should be properly classified under subheading 8421.99.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of machinery and apparatus for filtering or purifying water. However, it is to be noted that within Section XVI of the HTS, Chapter Note 1(c) of Chapter 84 excludes appliances or other articles for technical uses or parts thereof of glass (heading number 70.19 or 70.20).

The applicable subheading for the aquarium filters, "Siporax," will be 7020.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of glass. The rate of duty will be 6.6 percent ad valorem.

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