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NY M86221




September 18, 2006

CLA-2-38:RR:NC:2:238 M86221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Mr. Stuart Jamieson
AquaStasis Corporation
2930 Westlake Avenue North, Suite 100
Seattle, WA 98109

RE: The tariff classification of the LiveMeter™ Master Test Kit from China

Dear Mr. Jamieson:

In your letter dated August 26, 2006, you requested a tariff classification ruling. A sample was submitted with your inquiry.

The submitted sample, LiveMeter™ Master Test Kit, is an in-tank meter for monitoring, on a continuous basis, the pH, toxic ammonia (NH3) level, and temperature of freshwater aquariums. The meter is put up packaged for retail sale in a clear, plastic “clamshell” container. A “Water Quality Guide” insert and an Instruction Sheet are also enclosed in the container. The meter is constructed of plastic and is attached to the inside surface of the aquarium (below the water line) by means of two, permanently attached suction cups. An adhesive-backed piece of Mylar® film covers the meter’s front surface, and is printed with two, color reference charts, one of which forms part of the pH monitor component and the other of which forms part of the toxic ammonia monitor component. The remaining part of each monitor consists of a removable cartridge located on the rear surface of the meter. (According to the insert, both cartridges must be replaced with refills approximately every four to six weeks.) In the case of the pH monitor, the cartridge contains a permanently attached pH test strip that is used with the pH color reference chart to determine the pH of the water, while, in the case of the ammonia monitor, the cartridge contains a permanently attached test strip that is used with the ammonia color reference chart to determine the level of toxic ammonia in the water. A thermometer, for checking the water temperature, is also located between the two monitors, and makes up the remaining (i.e., third) component of the meter. Pursuant to Rule 3(b) of the General Rules of Interpretation, HTSUS, it is our determination that the test strips impart the essential character to the subject kit.

The applicable subheading for the LiveMeter™ Master Test Kit will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by calling the EPA at (202) 554-1404, or by visiting their website at www.epa.gov.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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