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NY A84767

June 21, 1996

CLA-2-39:RR:NC:TP:221 A84767


TARIFF NO.: 3926.90.9890; 9817.00.5000

Mr. Johann Popodi
Popodi Development
2485 Gammon Road
Site 11, Comp. 55, RR #1
Naramata, BC, Canada V0H 1N0

RE: The tariff classification of a Varroa mite treatment device from Canada.

Dear Mr. Popodi:

In your letter dated June 3, 1996, you requested a tariff classification ruling.

The Varroa Treatment Device (VTD), article 500-1259, is an evaporator designed to dispense miticide into a beehive. The sample submitted with your letter is a lidded box, molded of polypropylene plastic, measuring 6 inches by 3 1/4 inches by 1 inch, with mounting flanges extending from each side of the bottom. After importation, an absorbent mass, e.g., sawdust, containing a volatile miticide, will be inserted in the box and the box will be positioned in the hive. Air flowing into the hive enters the inlet opening at one end, and exits through the outlet opening at the top, permitting escape of the miticide vapor into the hive. A sliding cover over the outlet slots permits control of the flow of miticide. The container will not be imported with any pesticides or chemicals.

The applicable tariff provision for the Varroa treatment device will be 3926.90.9890, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of plastics, other. The general rate of duty will be 5.3 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the Varroa treatment device would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Joan Mazzola at 212-466-5580.


Roger J. Silvestri

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