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NY J86998




August 26, 2003

CLA-2-85:RR:NC:1:112 J86998

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Jack D. Mlawski
Galvin & Mlawski
470 Park Avenue South
New York, NY 10016-6819

RE: The tariff classification of mosquito repelling devices from China

Dear Mr. Mlawski:

In your letter dated July 30, 2003, on behalf of Zelco Industries, Inc., you requested a tariff classification ruling.

As indicated by the submitted samples, there are three items in question, identified as The Amazing Lantern, Bug Off, and Bugless. Each of these is battery operated and designed to emit a sound that repels mosquitoes. In addition, each contains a lamp feature that provides for a source of light.

The applicable subheading for The Amazing Lantern, Bug Off, and Bugless 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 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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