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NY B82094




March 6, 1997

CLA-2-85:RR:NC:1: 112 B82094

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Mr. William O'Meara
C. Melchers & Co., America, Inc.
55 New Montgomery Street
San Francisco, CA 94105-3435

RE: The tariff classification of an electronic mosquito swatter from China

Dear Mr. O'Meara:

In your letter dated February 11, 1997 you requested a tariff classification ruling.

As indicated by the submitted sample, the electronic mosquito swatter, identified as "The Swatter", is a tennis racquet shaped device used to kill mosquitoes and other flying insects. It is powered by two AA batteries located in the handle. When activated, a small electrical charge is supplied to the "strings" of the racket, which are actually electrical coils. Insects coming into contact with the coils are killed by the electrical current.

The applicable subheading for "The Swatter" 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, HTS. The rate of duty will be 3.1 percent ad valorem.

With respect to the country of origin marking, please note that Section 134.46, Customs Regulations, governs in this particular situation. Specifically, in the case of "The Swatter", the words "Made in China", "Product of China", or other words of similar meaning must appear in close proximity to, and be comparable in size to, the words "San Francisco, CA" which appear on the label affixed to the back of the packaging.

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,

Robert Swierupski
Chief, Machinery Branch

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