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NY N005644





January 24, 2007

CLA-2-63:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Rajiv Toprani
President
KT America Corporation
2650 US Highway
Suite 130
Cranburt, NJ 08512

RE: The tariff classification of an insect repellant bag from China

Dear Mr. Toprani:

In your letter dated January 11, 2007, you requested a tariff classification ruling.

The submitted sample is identified as “The Original Waspinator” (Style #KT19). It is a spun bonded nonwoven polypropylene bag with a tie cord, a pinch lock, and a loop. It measures approximately 30cm in height by 27cm in diameter. The item is intended to look like a wasp nest. You state that the bag is intended to keep wasps and other flying insects away without the use of chemicals or pesticides by making them believe it is the nest of another wasp colony. It is not a trap for insects, nor is it meant to be a toy.

The applicable subheading for the Waspinator will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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