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NY N016726




September 25, 2007

CLA-2-90:RR:E:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Richard Kessler
Playcube Products, LLC
7 Locust Road
Northport, NY 11768-1819

RE: The tariff classification of Freezecubes from France

Dear Mr. Kessler:

In your letter dated September 6, 2007, you requested a tariff classification ruling. No sample was provided.

Your Freezecube is about 1.75 inches in height, width and depth, weighs about 1.3 oz, and is made of transparent plastic. Four separate compartments are filled with water, various levels of salt, and different food colorings.

The item is used only to check whether a freezer was not working (or working insufficiently to maintain the freezer below certain temperatures) and approximately how long that condition lasted (typically due to a power outage, compressor failure, etc.). The user looks at the melting of the ice in the variously salted water compartments. While the length and severity of the outage has implications regarding the safety of the food in the freezer, your device does not give any direct indication about that, just the defect in the freezer’s operation.

The applicable subheading for the Freezecube will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other", non-"optical" measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 percent 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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