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NY N025969




April 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650

Lorianne Aldinger
Import Manager
RITE AID Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of a UV-C Light Sanitizer (Item # 9100328) from China

Dear Ms. Aldinger:

In your letter dated April 7, 2008, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The item concerned is a UV-C Light Sanitizer (Item # 9100328). This electronic device is comprised of a hard plastic housing which is oblong in shape. It measures 1 ½ inches in width by 10 ½ inches in length by 1 ½ inches in height. It incorporates a one button operation switch, a green LED indicator light, a battery compartment and a 4 watt ultraviolet DC lamp. The UV-C lamp is a germicidal light that operates at a frequency of 253.7nm (nanometers). The sanitizer also contains a patent-pending roller ball safety shut off switch. This is a safety feature that protects the user or others from direct eye or skin contact with the UV-C light. The sanitizer operates on 4 “AA” batteries.

The purpose of this device is to act as a portable sanitizer. It uses ultraviolet light, at a frequency of 253.7nm, to sanitize. In use, the sanitizer is placed in a horizontal position 1-2 inches above the surface to be sanitized, with the light facing down. The user slowly waves the sanitizer back and forth over the surface to be sanitized for 30 seconds. The closer the sanitizer is to the object, the more effectively it will disinfect. The sanitizer can be used in the home, office or travel environment.

The applicable subheading for the UV-C Light Sanitizer (Item #9100328) 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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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