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NY 890753





October 13, 1993

CLA-2-84:S:N:N1:105 890753

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.39.0010

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

RE: The tariff classification of a clean room from Canada

Dear Mr. Garceau:

In your letter dated September 22, 1993 you requested a tariff classification ruling on behalf of Microzone Corp.

The Softwall Clean Rooms utilize the CLEAN-CEIL Fan/Filter Modules to provide localized ultra-clean environments in an energy efficient fashion. The standard filter included has a 99.99% minimum efficiency as determined by D.O.P. challenge. Efficiency rated for all particulates is 0.3 microns and larger. The rooms may be either self supporting (mobile or fixed) or may be suspended from an existing building structure.

A modular metal pan ceiling system accomodates fan/filter units and lights. A steel frame, on casters in the mobile modules, supports this filter ceiling. From the frame are suspended panels of clear 16 mil flame- retardant antistatic PVC with weighted bottoms.

The applicable subheading for the Softwall Clean Rooms will be 8421.39.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for gases: other. The rate of duty will be 3.9 percent ad valorem.

Goods classifiable under subheading 8421.39.0010, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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