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NY 896695




June 9, 1994

CLA-2-68:S:N:N3:226 896695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

Mr. Russell Holmgren
Fritz Companies, Inc.
Hemisphere Center, U.S. 1 & 9 South
Newark, N.J. 07114

RE: The tariff classification of aquarium airstones from China

Dear Mr. Holmgren:

In your letter received April 10, 1994, on behalf of Ethical Products Inc., you requested a tariff classification ruling regarding aquarium airstones (item numbers 9302, 9303, 9402, 9404, 9405 and 9406) from China.

The samples submitted with your ruling request were sent to our Customs laboratory for analysis. The laboratory results indicate that the sample airstones are composed of agglomerated quartz.

In your letter you suggested classification of this merchandise in chapter 25. However, chapter 25 is generally limited to naturally occurring mineral substances or stones. Manufactured articles of mineral substances or stone (like these aquarium airstones) are classifiable in chapter 68.

The applicable subheading for the airstones will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of...artificial stone, whether or not reinforced: other. The duty rate 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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