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NY K87023




June 30, 2004
CLA-2-85:RR:NC:1:112 K87023

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Lesa Hubbard
JC Penny
P.O. Box 10001
Dallas, Texas 75031-0001

RE: The tariff classification of a bark control unit from China.

Dear Ms. Hubbard:

In your letter dated June 8, 2004 you requested a tariff classification ruling.

The item in question is denoted as an ultrasonic bark control unit, model numbers 808-0372 and 808-0377.

These battery-operated units are designed as advanced training devices for the control of a dog’s bark. The device emits a high frequency sound which heard by the dog prevents barking.

The applicable subheading for the ultrasonic bark control unit, models 808--372, 808-0377 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.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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