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NY D82570




October 1, 1998

CLA-2-95:RR:NC:2:224 D82570

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.99.5500

Marc J. Leca
Warning Pool
1200 West Ave., Apt. 1610
Miami Beach, Florida 33139

RE: The tariff classification of the "Warning Pool" device from France.

Dear Mr. Leca:

In your letter dated September 6, 1998, you requested a tariff classification ruling.

You are requesting the tariff classification on a device, used exclusively in swimming pools, called the "Warning Pool". The device, part of which is attached to the side of a swimming pool, and part of which is attached to a wall, is used in the prevention of drowning, since a siren is activated when someone falls into the pool. The device is made up of PVC material and electronic components. Illustrations of the "Warning Pool" were submitted with the ruling request. The "Warning Pool" device is considered a swimming pool accessory.

The applicable subheading for the "Warning Pool" device will be 9506.99.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for "...swimming pools and wading pools; parts and accessories thereof...other...swimming pools and wading pools and parts and accessories thereof." The rate of duty will be 5.3 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 Tom McKenna at 212-466-5475.

Sincerely,

Robert B. Swierupski
Director,

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