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NY K86976




June 28, 2004
CLA-2-96:RR:NC:SP:233 K86976

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.90.8050

Mr. Humberto Hernandez
Vet Brands International, Inc.
1713 N.W. 79th Avenue
Miami, FL 33126

RE: The tariff classification of the FleaScan® Test Kit from Austria.

Dear Mr. Hernandez:

In your letter dated June 17, 2004, you requested a tariff classification ruling.

The submitted sample, the FleaScan® Test Kit, is designed to diagnose flea infestation in dogs and cats by the pet owner. The article consists of a small device similar to a brush. It is 115 mm long and the diameter of the brush head is 45mm. A magnifying glass (magnification 2x) can be mounted onto the brush to facilitate the assessment of the test result. Both the brush and the magnifying glass are made of plastic. Included are 20 indicator pads consisting of layers of a special absorbent paper and a water resistant support medium. The FleaScan® Test Kit is used by brushing the animal’s coat in usual grooming. An indicator pad is moistened with water and placed into the brush. The brush is then used to brush the animal so that the surface of the indicator pad is in direct contact with the hair coat. After 1 minute the indicator pad is evaluated using the magnifying cap. Red colored halos will form in the presence of flea feces. The red spots are diagnostic of flea infestation.

The FleaScan® Test Kit is considered a composite good. When the essential character of a composite good can be determined, the whole item is classified as if it consisted only of the part that imparts the essential character to the composite good. In the instant case, it has been determined that the brush imparts the essential character to the good.

The applicable subheading for the FleaScan® Test Kit will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Brooms, brushesOther.” The rate of duty will be 2.8% 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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