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NY L82230




February 8, 2005

CLA-2-85:RR:NC:1:112 L82230

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.10.0045

David Williams
Warehouse Manage,
EASTEK INTERNATIONAL
330 Hastings Drive
Buffalo Grove, IL 60089-6940

RE: The tariff classification of a pet fencing system from China

Dear Mr. Williams:

In your letter dated January 12, 2005, you requested a tariff classification ruling.

The item concerned is the Innotek Basic In-ground Pet Fencing System (# SD-2000). This system consists of –
a 4”L X 3”H, black, wall-mountable radio wave transmitter with a range of up to five acres;

50 11 ½”H silver metal boundary flags with white plastic flagging;

6 ½’ black power cord for the transmitter;
an instructional digital video disc (DVD);
a clear plastic bag filled with mounting hardware for the transmitter, two 2 ½” orange splicers and a 6 volt battery;
a 20”, water-resistant, black nylon pet collar with black plastic fasteners and tighteners and an attached black, hard plastic-enclosed electrical receiver with two ½” silver prongs extending from it to the inner portion of the collar and
a 500’ roll of 20 gauge wire covered in green plastic insulation.

These items are assembled into a 1’L X 7 ½” W cardboard box with color text and graphics on the outside. Included in the box are an 2 Users Guides, a warranty card and a Helpline card.

The purpose of the Pet Fencing System is to train a pet not to go beyond a boundary set up by its owner. The wire is laid out or buried to serve as the “boundary”. The collar is attached to the pet. When the pet approaches the boundary, the transmitter sends a radio wave signal to the collar which emits an audible signal. If the pet continues to advance toward the boundary, the transmitter sends another radio wave signal to the collar which applies a mild shock to the pet. The optional flags can be used as a visual signal to the pet of the boundary if the wire is buried below ground.

The applicable subheading for the Innotek Basic In-ground Pet Fencing System (# SD-2000) will be 8531.10.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric sound ... signaling apparatus ... : ... similar apparatus: Other: Other. The rate of duty will be 1.3%.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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