NY 0857949 - The tariff classification of an aquarium airstone from Taiwan - United States International Trade Commision Rulings

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NY 857949
Nov 19 1990

CLA-2-68:S:N:N3D:226 857949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

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

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