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NY A88718





November 4, 1996

CLA-2-84:RR:NC:1:102 A88718

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.6090

Mr. Michael Rosbach
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a Plastic Spray Fan - Battery Operated from Taiwan

Dear Mr. Rosbach:

In your letter dated October 18, 1996, you requested a tariff classification ruling.

The article at issue is known as a Plastic Spray Fan, designated item #970106. It is a combination of a polypropylene spray bottle and a battery-operated plastic fan. The unit is designed to provide a cooling stream of air, coupled with an occasional mist of water. The fan operates on 2 AA batteries, which are not included. It is our opinion that the essential character of the completed item is imparted by the fan.

The applicable subheading for the Plastic Spray Fan, will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other fans, other, axial. The rate of duty will be 3.7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulation (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 Kenneth T. Brock at 212-466-5493.

Sincerely,

Roger J. Silvestri

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