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NY J87554




August 7, 2003

CLA-2-84:RR:NC:1:104 J87554

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.21.0000

Mr. Douglas P. Beebe
Affiliated Customs Brokers, USA Inc.
193 West service Road
Champlain, New York 12919

RE: The tariff classification of the Scalehammer from Canada

Dear Mr. Beebe:

In your letter dated July 18, 2003 on behalf of VKI Technologies of St. Hubert, Quebec, Canada you requested a tariff classification ruling.

A sample has been provided of the Scalehammer, an electronic scale treatment device used to control and prevent scale buildup in water pipes. It is designed for interior use only. The Scalehammer consists of the device itself (measures 5” x 2 ½” x 7/8” with antenna wires extending from either end and an AC adaptor port on one side), an AC adaptor (made in China), electrical tape, and two plastic tie wraps packaged in a cardboard retail box with foam cutouts for the contents. The sample will be returned.

Installation of the Scalehammer requires about 18 inches of exposed water pipe and an adjacent power outlet for the AC adaptor. The ties are for securing the unit to the pipe. The wires extending from the unit are wrapped around the pipe in a tight coil and held in place by the electrical tape.

The owner’s manual states that it uses a unique technology based on magnetohyrdodynamic science (MHD). Essentially MHD is the study of how electromagnetic fields interact with conducting fluids. The Scalehammer does not remove any calcium or magnesium ions from the water, but dissolves natural scale structure into a powder composition. It replicates magnetic fields and induces them into the water. These calibrated waves prevent the molecular attraction of scale particles. As a result, the particles remain freely suspended in the water and no longer crystallize or cling to pipe walls.

General Rule of Interpretation (GRI) 1, HTSUSA, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.

The above Scalehammer consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., water purification). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term “goods put up in sets for retail sale.” GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. The essential character here is clearly imparted by the Scalehammer device itself.

The applicable subheading for the Scalehammer will be 8421.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for liquids: for filtering or purifying water. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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