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NY L83230




March 23, 2005

CLA-2-85:RR:NC:N1:112 L83230

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Beth Morris
Import Manager,
Serra International, Inc.
75 Montgomery Street
Suite 300
Jersey City, NJ 07302-3726

RE: The tariff classification of a dive propulsion vehicle from an unspecified country

Dear Ms. Morris:

In your letter dated February 23, 2005, you requested a tariff classification ruling on behalf of North American Manufacturing & Marketing Consulting.

The item concerned is the Stingray Two-Speed Turbo DPV (Dive Propulsion Vehicle) [Item # ST1]. It is a cone-shaped machine with handlebars in the middle and a propeller in the back which measures 26” in length and 18” in width. Enclosed in the machine is a 12 volt DC motor, which generates 150 watts, and a 12 volt DC battery. The Stingray has a net weight of 18 lbs. and can operate at a speed of up to 3.5 mph for 1.5 hours at a maximum depth of 100 feet. Its purpose is to propel someone or something underwater.

The applicable subheading for the Stingray Two-Speed Turbo DPV (Dive Propulsion Vehicle) [Item # ST1] will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical machines and apparatus, having individual functions, not specified or included elsewhere ... : Other machines and apparatus: Other: Other: Other: Other: Other. The rate of duty will be 2.6%.

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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