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NY 868207


NOV 04 1991

CLA-2-84:S:N:N1:105 868207

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.39.0010

Mr. Eberhard Gerth
Luwa Ltd. U.S. Office
Defense Products Division
4400 East West Highway - Suite 229
Bethesda, MD 20814

RE: The tariff classification of ventilating units from Switzerland.

Dear Mr. Gerth:

In your letter dated October 16, 1991 you requested a tariff classification ruling.

Luma Ventilating Unit VA is manufactured in five different sizes: 40, 75, 150, 180 and 200. The numbers are the amount of cubic meters of air each size's gas filter can process in one hour. Each unit consists of the following components: a fan unit powered by an electric motor with an emergency hand crank; an inlet explosion protection valve/prefilter built in casing; a measuring tube with built-in air flow meter and damper; flexible hoses with quick release coupling; and a substantial gas filter.

The purpose of the ventilating unit is to provide a supply of pure air to shelters from atomic and nuclear attack. The gas filter contains a mechanical filter element and an active carbon filter element which retains radioactive fall-out and chemical warfare agents. Used air escapes into the atmosphere through an explosion-proof relief pressure valve. The unit provides no cooling or heating of the supplied air.

The applicable subheading for the Luma Ventilating Units VA 40, 75, 150, 180, and 200 will be 8421.39.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other filtering or purifying machinery and apparatus for gases. The rate of duty will be 3.9 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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