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NY B85557




May 27, 1997

CLA-2-85:RR:NC:1: 112 B85557

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 May 6, 1997 you requested a tariff classification ruling.

As indicated by the submitted sample, the electronic mosquito swatter, identified as the "Personal Bug Zapper", 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 "Personal Bug Zapper" 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.

You also inquire as to whether a special classification can be established for the "Personal Bug Zapper" because you believe that it is a unique item. The United States Customs Service administers the enforcement of the provisions of the Harmonized Tariff Schedule (HTS) which are enacted into law by the United States Congress. Therefore, as an administrative agency, the Customs Service has no authority to make any changes to the HTS.

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, Metals and Machinery Branch

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