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NY B84458

May 15, 1997

CLA-2-85:RR:NC:1: 112 B84458


TARIFF NO.: 8505.11.0000

Mr. Hirofumi Kuroda
World Link Trading Co., Ltd.
18726 Western Avenue
Gardena, CA 90248

RE: The tariff classification of a "Bye-Bye Birdie" from Japan

Dear Mr. Kuroda:

In your letter dated April 18, 1997 you requested a tariff classification ruling.

As indicated by the submitted samples and descriptive literature, "Bye-Bye Birdie" is a device which claims to be successful in keeping birds away from a specified area through the action of a specialized magnetic system which disturbs the geomagnetic field that birds use to find their direction. There are two basic models identified as the "Wing" and the "Ninja". In both cases, the magnetic system consists of a combination of ferrite magnets and neodymium magnets which are stacked with the magnetic poles in a N-S-N-S orientation.

The "Wing" model, which is designed to hang suspended from an overhead point, features an octagonal cylinder which contains the magnets. This cylinder has a holographic surface with wing-like attachments on each side. The "Ninja" model is designed to be placed on building ledges or other flat surfaces and consists of a base unit which incorporates the magnets, and spoke-like plastic attachments which radiate off the base.

The applicable subheading for the "Bye-Bye Birdie" will be 8505.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for permanent magnets of metal. The rate of duty will be 2.5 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.


Robert Swierupski
Chief, Metals and Machinery Branch

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