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NY 806344





February 14, 1995

CLA-2-39:S:N:N6:221 806344

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9890

Ms. Nina Richard
Rilar Distribution Inc.
946 Admirault Dieppe
N.B., Canada E1A 1C9

RE: The tariff classification of a rodent trap system from Canada.

Dear Ms. Richard:

In your letter dated January 23, 1995, you requested a tariff classification ruling.

The trap consists of a framework with pivoting platform designed to fit onto the rim of pails with capacities from 1 1/4 to 3 3/4 gallons. The frame and platform are molded from plastics materials. A pine plank connects the platform to the ground. When a rodent climbs up the wooden plank and walks across the platform, its weight causes the platform to pivot, dropping the rodent into the bucket. The instructions indicate that the bucket should be filled with a solution of 1/3 glycol, stating that the glycol attracts the rodent, retards water surface tension so that the rodent cannot swim, and has a preserving effect so that the pail need not be emptied for months at a time. You indicate that the trap system, though suitable for residential use, especially in vacation homes which may be left unattended for extended periods of time, is principally used in commercial settings such as farms, barns, warehouses, factories and storage buildings.

The applicable subheading for the rodent trap system will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The general rate of duty will be 5.3 percent ad valorem.

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

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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