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NY 881352




January 6, 1993

CLA-2-90:S:N:N3:119 881352

CATEGORY: CLASSIFICATION

TARIFF NO.: 9020.00.6000

Mr. David Villandry
Chinese and American Trading Co., Inc.
10310 Buena Ventura Drive
Boca Raton, FL 33498

RE: The tariff classification of an oxygen generator from Japan

Dear Mr. Villandry:

In your letter dated November 11, 1992 (received on December 16 in our office), you requested a tariff classification ruling on behalf of The Institute For Better Living, Inc., Boca Raton, FL.

The oxygen generator consists of a small portable tank with a lid, a flexible tube and oxygen mask. Ten packets of oxygen generating powder are furnished with the tank. When water is poured into the tank and the powder (sodium carbonate, hydrogen peroxide and Glauber's salt) is added, a chemical reaction takes place resulting in the production of oxygen. The oxygen generator kit is to be marketed under the name "Vitaria 2000" and is recommended for general health and fitness use.

The applicable subheading for the "Vitaria 2000" oxygen generator will be 9020.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other breathing appliances and gas masks. The rate of duty will be 3.7 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

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