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NY 880892




December 14, 1992

CLA-2-39:S:N:N6:221 880892

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9090

Mr. Henry Hofheimer
El-Tech Technology, Inc.
7 Woodland Avenue
Larchmont, NY 10538

RE: The tariff classification of insect traps from Germany.

Dear Mr. Hofheimer:

In your letter dated November 30, 1992, you requested a tariff classification ruling.

According to the descriptive literature submitted with your request, the slot-type insect traps are used to trap bark beetles. Each trap measures approximately 50 cm in length, 14 cm in width, and 60 cm in height. It may be suspended on a cord stretched between two trees, or mounted onto a stand. The trap may be baited with one or several dispensers. The beetles are lured into the trap by using pheromones and collide with the barrier trap during their flight to tree stands. They fall through the trap slots and slide down the smooth inner sides of the trap into the collecting pan. The trapped beetles can then be killed by crushing, or the inside of the collection well can be coated with an insecticide. The purpose of the traps is to control the pest population in forests.

The traps may be imported alone, or as part of a trap assembly which includes the trap, a tripod-type trap stand, and a "bonder" or clamp to attach the trap to the stand. In some cases the traps may be imported with attractants and/or insecticides. The traps are designed for long term use, while the bait is generally replaced twice each year. The trap or trap assemblies and the attractants/insecticides are considered to constitute a set when imported together packed for retail sale. The trap imparts the essential character to the set.

The applicable subheading for the beetle slot traps or trap assemblies, either when imported empty, or when imported with attractants and insecticides and packed together for retail sale, will be 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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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