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January 7, 1999

CLA-2-85:RR:NC:1:112 D85825

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Joylin Ho
PureAloha Inc.
50 S. Beretania St. C203
Honolulu, HI 96813

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

Dear Ms. Ho:

In your letter dated December 3, 1998 you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the mosquito swatter is a tennis racquet shaped device used to kill mosquitoes and other flying insects. The handle and frame are made of plastic, and the netting consists of three layers consisting of wire mesh, a conductor and an outer layer of steel. It is powered by two D batteries which are located in the handle. When activated, a small electrical charge is supplied to the wire mesh. Insects coming into contact with the coils are killed by the electrical current.

The applicable subheading for the electric mosquito swatter will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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