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NY L80174




October 20, 2004

CLA-2-38:RR:NC:2:238 L80174

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.9500

Mr. Stephen Wong
Oceanland Service Inc.
P.O. Box 1249
8054 E. Garvey Avenue, #200
Rosemead, CA 91770

RE: The tariff classification of a rat and mouse glue trap (Item No. FH-5020) from China

Dear Mr. Wong:

In your letter dated October 7, 2004, on behalf of your client, HBL Trading (U.S.A.) Inc., you requested a tariff classification ruling.

The submitted sample consists of a paperboard package, for retail sale, containing two glue traps. Each trap consists of a rectangular, plastic tray, measuring 8¼” x 4¼”, filled with an adhesive substance (“glue”). The trap functions by immobilizing the rodents when they come in contact with the glue. The glue does not contain any rodenticide or attractant (bait).

The applicable subheading for the subject traps will be 3808.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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