HQ 082609
April 26 1989
CLA 2 CO:R:C:G 082609 SS
TARIFF NO: 8421.99.0040
Bruce N. Shulman, Esq.
Stein Shostak Shostak & O'Hara
1101 Seventeenth Street, N.W.
Suite 806
Washington, D.C. 20036 4704
RE: Classification of aquarium power filter cartridges.
Dear Mr. Shulman:
This is our decision on your request of July 25, 1988, for a binding ruling on behalf of Ginger Products Co., under the Harmonized Tariff Schedules of the United States (HTSUS) for
certain aquarium power filter cartridges.
FACTS:
The article under consideration is used as a filter cartridge for aquariums. It is composed of two pieces of non woven polyester fiber fabric which are heat sealed on the inner
sides to a plastic frame, thus forming a pouch or an apparatus. The plastic frame also provides support for the apparatus. The pouch contains carbon and zeolite. The carbon functions to
remove odors and most gases from the aquarium, while the zeolite acts as an ion exchanger to neutralize ammonia in the aquarium water. To function as an aquarium filter, the cartridge is
inserted into a plastic housing which is then placed on the side of an aquarium. The housing contains an energiser which is activated by connection to an electrical outlet.
ISSUE:
What is the proper tariff classification under the HTSUS for an apparatus composed of carbon, zoelite, non woven fiber fabric and plastic, and used as an aquarium filter?
2
LAW AND ANALYSIS:
Classification under the HTSUS of commodities entering the United States is in accordance with the General Rules of Interpretation (GRI). The rules are applied in the order in
which they are presented. Under GRI 1, the primary consideration in the classification of goods is the terms of the heading itself which must be read in conjunction with the relative Section and
Chapter Notes.
In the instant case, the merchandise in issue functions as a filter apparatus for aquariums. While this apparatus is housed in a plastic filter holder when it is placed on the side of an
aquarium, all of the filtering properties are attributable only to this apparatus.
Subheading 8421.21.0000, HTSUS, provides for filtering or purifying machinery and apparatus for liquids, for filtering or purifying water. The Explanatory Notes to heading 8421, which represent the official interpretation of the HTSUS, state that "/t/he liquid filters of this group separate solid, fatty, colloidal, etc., particles from a liquid, for example, by passing
through a sheet, membrane or mass of porous material (e.g., cloth, felt,... sintered metallic powders... charcoal...)."
In this case, the filter apparatus composed of a fiber fabric pouch containing charcoal (carbon) and sintered metallic powders (zeolite), removes suspended solids from the water and,
through an ion exchange process, neutralizes ammonia and other gases.
HOLDING:
In view of the foregoing, the aquarium power filter cartridge is properly classifiable under subheading 8421.21.0000, HTSUSA, dutiable at a rate of 3.9 percent, ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division