CLA-2-84:S:N:N1:104 898762

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

RE: The tariff classification of filtering apparatus from Canada.

Dear Mr. Garceau:

In your letter dated May 16, 1994 on behalf of Microzone Corp. of Ontario, Canada you requested a tariff classification ruling.

The Clean Ceil Fan Filter Module comprises a plastic or metal housing containing a pre-filter, HEPA (High Efficiency Particulate Air) or ULPA (Ultra Low Penetration Air) filter and a motorized impeller (or motor/blower assembly). The air is taken in through the top mounted pre-filter, drawn through the motorized impeller and then pushed through the HEPA or ULPA filter.

The Downflow Module and both the Horizontal and the Vertical Laminar Flow Work Stations consist of the same basic components as the Fan Filter Module and have basically the same method of operation. Primary use is in clean rooms and laboratories.

The Biological Containment Hood is constructed with an outer shell of cold rolled steel and an inner liner of stainless steel. The hood is designed to have a self-contained air handling system which draws laboratory air through the hand opening and into the front longitudinal intake grill. The air is mixed below the work surface and in the rear plenum with potentially contaminated air from the work zone and then drawn through a fan which pushes a portion of it through an exhaust HEPA or ULPA filter and the remainder through the supply HEPA or ULPA filter. The work zone is then bathed with a vertical downflow of particulate free air or sterile air.

The applicable tariff provision for the all of the above units 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.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport