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NY 898508

June 28, 1994

CLA-2-84:S:N:N1:104 898508


TARIFF NO.: 8421.39.8015; 9403.20.0030; 9403.60.8080; 9403.70.8020

Mr. Paul Garceau
A.N. Deringer, Inc.
RD #1 Box W432
Alexandria Bay, NY 13607

RE: The tariff classification of filtering and related equipment from Canada.

Dear Mr. Garceau:

In your letter dated May 24, 1994 on behalf of Microzone Corp. of Ontario, Canada you requested a tariff classification ruling.

The Animal Care Units generally consist of three types of work stations. The Sterile Animal Cage Module (SACM), the Diseased Animal Enclosure (DAE) and the Small Animal Bedding Disposal Unit (SABDU). All use HEPA (High Efficiency Particulate Air) or ULPA (Ultra Low Penetration Air) filters for the removal of particulates and aerosols. Air is generally taken in through the pre-filter, drawn through the motor/blower, and then pushed through the HEPA or ULPA filters.

The Laminar Flow Acid Exhaust Hood is a clean enclosure for the safe handling of potentially toxic chemicals. The unit consists of a HEPA or ULPA filter, a motor/blower assembly and an integral work volume with a sliding faceshield. The unit is connected to a building exhaust system.

The Air Shower consists of a housing containing a pre-filter followed by a HEPA or ULPA filter and a motor blower assembly. A high velocity particulate free air flow is directed towards personnel to remove residual particulates from their clothing.

The Wet Processing Station (Wet Bench) is an exhausted cabinet with an internal baffle system and an exhaust collar connection. It may have a hinged faceshield. Inside the work volume various drop-in processing modules such as hot plate wells, sinks, rinser dryers etc. are either recessed into or placed onto the work surface. The station, which is constructed using solid white polypropylene, will not include any filtering apparatus.

The Fume Hood is a cabinet with an internal baffle system, a sliding glass faceshield and an exhaust collar connection. The exterior shell of the hood may be constructed of metal, plastic or wood with a plastic laminate finish. Typical interior linings are stainlesss steel, plastic or non-combustible composite materials. The unit has its own light fixture. Like the Wet Bench, it is used in areas requiring medium levels of containment and user protection and includes no filtering apparatus.

The applicable tariff provision for the Animal Care Units, the Laminar Flow Acid Exhaust Hood and the Air Shower will be 8421.39.8015, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for filtering or purifying apparatus for gases: other. The general rate of duty will be 3.9 percent.

The applicable tariff provision for the Wet Processsing Station and the plastic Fume Hood will be 9403.70.8020, HTS, which provides for furniture of plastics: other. The general rate of duty will be 2.4 percent. The wood Fume Hood will be classified under HTS subheading 9403.60.8080 which provides for other wooden furniture: other with a general rate of 2.5 percent while the metal Fume Hood will fall under 9403.20.0030 which provides for other metal furniture with a general rate of 4 percent.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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.


Jean F. Maguire
Area Director

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