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NY D82866





October 27, 1998

CLA-2-73:RR:NC:N1:113 D82866

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060; 7320.90.5020; 7320.20.5020; 3926.90.9880

Mr. Peter Kryzniak
Warmandry International
P.O. Box 337
Chetek, WI 54728

RE: The tariff classification of mouse traps from Australia and Fiji

Dear Mr. Kryzniak:

In your letter dated September 15, 1998, you requested a tariff classification ruling.

The merchandise is a mouse trap and a rat trap made of plastic and steel. You have requested the classification of the articles imported both assembled and packaged, and imported in parts for assembly and packaging in the United States. The Intruda Rat Trap is a traditional trap with a steel wire snap mechanism and a plastic base. The Safe'N'Sure mouse trap is a plastic trap with a plastic trip and a steel spring.

The applicable subheading for the traps will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles, of iron or steel, other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

The parts of the mouse trap include a helical, continuous, steel spring, two plastic jaws, and a trip mechanism. The parts of the rat trap include a plastic base, a 2-piece spring with a wire connector, and a hold-down wire.

The applicable subheading for the helical spring will be 7320.20.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for springs and leaves for springs, of iron or steel, helical springs, other, helical springs, of wire having a cross-sectional dimension of less than 5.1 mm, other. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the 2-piece spring will be 7320.90.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for springs and leaves for springs, of iron or steel, other, other, of wire, other. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the hold-down wire will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles, of iron or steel, other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the plastic parts will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 7323.99.9060, 3926.90.9880, 7320.20.5020 and 7320.90.5020, HTS, which are products of Fiji are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. However, the GSP expired June 30, 1998 and has not been extended. Congress may choose to renew GSP retroactively. In that case, the GSP provision cited herein may apply retroactively.
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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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