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NY B84495




May 21, 1997

CLA-2-85:RR:NC:1: 112 B84495

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Mr. Joseph Giumentaro
PBB Group
434 Delaware Avenue
Buffalo, NY 14202

RE: The tariff classification of a "WORMGENIE" from Canada

Dear Mr. Giumentaro:

In your letter dated April 16, 1997 you requested a tariff classification ruling.

As indicated by the submitted sample, the "WORMGENIE" is a battery operated device which consists of a plastic housing containing a microprocessor, and two probes which are attached to the housing by means of insulated electrical cords. In operation, the probes are inserted into the ground and low level radio frequency waves are emitted. It is stated that these waves will cause worms to migrate to the surface.

The applicable tariff provision for the "WORMGENIE" will be 8543.89.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The general rate of duty will be 3.1 percent ad valorem.

You have also inquired as to the country of origin marking requirements for the "WORMGENIE" in cases where this item is "individually sold", and when multiple units are packed in master cartons for sale or consignment to distributors. With respect to "individually sold", we presume that you are referring to cases where the "WORMGENIE" is not sold in a box or other packaging. In such cases, each "WORMGENIE" must be marked with the country of origin. In the case where individual units are packed in master cartons for sale or consignment to distributors, the requirements of Section 134.26, Customs Regulations, must be complied with. In essence, the importer, or authorized agent, is required to submit a certification of marking which states that any repackaging, by either the importer or a subsequent party, will conspicuously, legibly and permanently indicate the country of origin of the "WORMGENIE".

Inquiries concerning the applicability of Federal Communications Commission regulations should be directed to that agency at 1919 M Street N.W., Washington, DC 20554.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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, Metals and Machinery Branch

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