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NY J80565




February 21, 2003

CLA-2-39:RR:NC:SP:221 J80565

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.9880

Mr. Alan S. Bernard
Innovative Pest Control Products
P. O. Box 880216
Boca Raton, FL 33488

RE: The tariff classification of reusable insect bait stations from China.

Dear Mr. Bernard:

In your letter dated January 28, 2003, you requested a classification ruling.

You submitted literature depicting ant and roach control products that you intend to import empty into the United States. The ant café reusable insect bait station and the ant and roach buffet reusable insect bait station are plastic containers designed to be filled with liquid, gel or granular insect bait. The ant café has a single compartment while the ant and roach buffet has three chambers. The bait stations have entryways that can be adjusted to allow the entry of various size pests. They may be hung from tree branches or taped to windows or walls. The stations are designed to be filled, rinsed out, and refilled repeatedly.

The applicable subheading for the empty insect bait stations 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.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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