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NY J83831




May 23, 2003

CLA-2-85:RR:NC:1:112 J83831

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Steve Baker
Radio Systems Corporation
10427 Electric Avenue
Knoxville, TN 37932

RE: The tariff classification of automatic pet feeders. The country of origin is not stated.

Dear Mr. Baker:

In your letter dated April 21, 2003 you requested a tariff classification ruling.

As indicated by the submitted sample and literature, the automatic pet feeders, identified as model #’s PF-2-19, PF-3-19 and PF-5-19, are battery operated devices that consists of a number of food trays and a timing device. In operation, the covers of the trays open automatically after a preset period of time so that the pet can be fed at that designated time.

The applicable subheading for the automatic pet feeders, model #’s PF-2-19, PF-3-19 and PF-5-19, will be 8543.89.9695, 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 2.6 percent ad valorem

You express the opinion that these pet feeders are classifiable under subheading 8436.10.0000, HTS. These are not the class or kind of apparatus that are provided for by the language of that subheading and, therefore, classification in that provision is precluded.

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 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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