NY 857949
Nov 19 1990
CLA-2-68:S:N:N3D:226 857949
Mr. Alan J. Cohen
President
Blue Ribbon Pet Products, Inc.
75 Modular Avenue
Commack, N.Y. 11725
RE: The tariff classification of an aquarium airstone from
Taiwan
Dear Mr. Cohen:
In your letter dated November 6, 1990, you requested a
tariff classification ruling.
This product is described as an "airstone" which will be
used in an aquarium to break up or reduce the size of bubbles.
The bulk of this product consists of sand which has been
agglomerated with glue to form an article of artificial stone. A
small piece of plastic tubing has been inserted into the
article. However, the greatest portion of this product consists
of the artificial stone material and only a small portion of this
material touches the plastic. The essential character of this
composite good is represented by the artificial stone (sand
agglomerated with glue), not the plastic.
In a telephone conversation with the National Import
Specialist, you described the manner in which the airstone will
be used. The plastic tubing will be attached to an air hose
within an aquarium. The hose will pump bubbles through the
airstone and the agglomerated sand will break up or reduce the
size of these bubbles.
In your letter you mentioned the possible classification of
this merchandise in subheading 6805.30.5000, Harmonized Tariff
Schedule of the United States (HTS), which provides for natural
or artificial abrasive powder or grain... on a base of other
materials. Subheading 6805.30.5000 does not apply to this
merchandise because the airstone does not consist of abrasive
powder or grain on a base of material. The plastic portion of
this product has simply been inserted into the artificial stone.
The plastic does not function as the base for the agglomerated
sand. The bulk of this article clearly consists of the
agglomerated sand and only a small portion of the airstone has
any contact with the plastic material.
The applicable subheading for the airstone will be
6810.99.0000, HTS, which provides for articles of...artificial
stone, whether or not reinforced: other articles: other. The
rate of duty will be 4.9 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