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NY N006568




February 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650

Una Gauthier
CVS Onsite Import Client Liaison
Barthco International, Inc., division of Ozburn – Hessey Logistics One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of the “Bug Wacker Solar Insect Control” (Item # 406360) from China

Dear Ms. Gauthier:

In your letter dated February 1, 2007, you requested a tariff classification ruling on behalf of CVS/Pharmacy.

The item concerned is the “Bug Wacker, Solar Insect Control” (Item #406360). This device consists of an, approximately, 6 and one half-inch long plastic spike, a six and three quarter inch plastic post and a five and one half inch wide by six inch long, plastic and metal mushroom shaped housing. The housing contains a solar panel on the top, an Ultra Violet light, an “Amber” colored light, a light/off/”UV” switch and a battery compartment. It also contains an electrified metal grid that is shielded by an interior plastic grid and an outer metallic grid. The unit uses one Ni-CD rechargeable battery allowing 24-hour-a day use.

The unit is designed to attract and kill mosquitoes and other flying insects. It also has the capability for use as outdoor landscape lighting. In use, the solar powered outdoor insect control is inserted into the earth via the plastic spike. When the unit is switched to the “Light” mode, amber landscape lighting is produced. When the unit is switched to the “UV” mode, it produces a purple light and a high voltage electric charge through the metal grid. Insects that are attracted to this purple colored light get zapped (electrocuted) when they come in contact with the electrified metal grid. A sample of the merchandise was submitted to this office for classification purposes and is being returned to you as per your request.

The applicable subheading for the “Bug Wacker Solar Insect Control” will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines and apparatus.: Other machines and apparatus: Other: Other: Other: Other. The rate of duty will be 2.6%.

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 Steven Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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