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NY A83579




May 31, 1996

CLA-2-85:RR:NC:MA: 112 A83579

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Mr. Rod Robert
Orchard-Rite Ltd., Inc.
P.O. Box 9308
Yakima, WA 98909

RE: The tariff classification of a "Vinetech Scare-gun" from New Zealand

Dear Mr. Robert:

In your letter dated April 30, 1996 you requested a tariff classification ruling.

As indicated in the submitted descriptive literature, the "Vinetech Scare-gun" is a device which is used in orchards to scare birds out of the area so that fruit can be harvested before the birds damage it. As imported, this item consists of an electronic control box powered by two 6 volt batteries, aluminum tripod legs, and a "barrel" which is a metal tube capable of rotating on the tripod. A propane tank is also used in conjunction with the unit, but it is purchased domestically. In operation, the propane is released into the metal tube at random intervals. The electronic control emits an electrical charge to a spark plug, thereby causing the propane to burn creating a loud bang which scares the birds away.

The applicable subheading for the "Vinetech Scare-gun" will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85. The rate of duty will be 3.4 percent ad valorem.

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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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