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NY 866232


September 16, 1991

CLA-2-38:S:N:N1:238 866232

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.3000

Mr. W.H. MACMENIGALL
P.O. Box 57451, Springfield 2137
Republic of South Africa

RE: The tariff classification of "Redtop" Flycatchers trap and "Pongo" fly lure (bait) from the Republic of South Africa

Dear Mr. MACMENIGALL:

In your letter dated August 8, 1991 you requested a tariff classification ruling.

The "Redtop" flycatcher trap is in the form of a collapsible clear plastic container with a yellow cover that is permanently attached. The cover contains an opening in which a red turret is placed. The turret has four openings and has attached a conical shaped mesh netting which has an opening leading into the container. The trap also contains a foiled packet containing the "Pongo" fly lure (bait). The dried bait is composed of fish meal, whole egg powder, gelatin, yeast, superphosphate and ammonium sulphate. The bait may also be imported separately. The container is filled partially with water and will be used to provide a fly free environment in areas such as the kitchen, yard, garbage cans, dog kennels and other areas.

The applicable subheading for the "Redtop" fly catcher with "Pongo" bait and the "Pongo" bait will be 3808.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides ..., put up in forms or packings for retail sale or as preparations or articles, other, containing an inorganic substance. The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 382- 2090.

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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