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NY K83295




March 8, 2004

CLA-2-85:RR:NC:N1:113 K83295

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.0095

Mr. Gordon C. Anderson
C.H. Robinson International, Ltd.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of mosquito traps from Canada.

Dear Mr. Anderson:

In your letter dated February 11, 2004, you requested a ruling on behalf of Blue Rhino Consumer Products on tariff classification.

The merchandise is the SkeeterVac, a mosquito trap, models SV-15, SV-17, SV-27 and SV-35. The following information is from the importer’s website:

SkeeterVac attracts, traps, and kills biting insects such as mosquitoes, black flies, sand flies, no-see-ums, and biting midges. Propane from a standard grill cylinder is converted into carbon dioxide and water vapor in a catalytic engine system. The carbon dioxide and water vapor are then combined with a chemical attractant called octenol and expelled from the SkeeterVac in a plume. This plume is attractive to female mosquitoes because it mimics a human’s breathing. These female mosquitoes, who are seeking a blood meal to nourish their eggs, approach SkeeterVac believing it is a human. Once close by they are vacuumed into the trap where they quickly dehydrate and die. SkeeterVac generates its electricity from a high-tech thermoelectric system located in the engine. You don’t have to worry about power cords that can be tripped over, cut by lawnmowers, or damaged by animals.

These SkeeterVac models are designed for and sold to homeowners for their backyard and property. Models SV-17, SV-27 and SV-35 have a self-contained, electrically-operated fan.

The applicable subheading for these three products will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, other. The general rate of duty will be 4.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Model SV-15, the model without a fan. Your request for a classification ruling should include a breakdown by weight and value of the component parts. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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