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NY B80135




December 24, 1996

CLA-2-85:RR:NC:1: 112 B80135

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Mr. Bruce Schiller
MSAS Customs Logistics, Inc.
8725 NW 18th Terrace
Miami, FL 33172

RE: The tariff classification of an electronic shark repellent from Australia

Dear Mr. Schiller:

In your letter dated November 14, 1996, on behalf of Shark Pod, Inc., you requested a tariff classification ruling.

As indicated by the submitted sample, the electronic shark repellent, identified as "The Shark Pod Diver Unit" is a shark repellent device which is worn by divers. The unit consists of a pod tank and foot probe designed to complement skin diving equipment, as well as ancillary battery powered electrical apparatus. In operation, it generates a unique electrical field around the diver in an elliptical radius of 4 to 7 meters. This field repels sharks coming from any direction. A specially designed carrying case is also included.

The applicable subheading for "The Shark Pod Diver Unit" will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 3.4 percent ad valorem. For merchandise entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 1997, the rate of duty will be 3.1 percent ad valorem.

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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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