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NY K82942

February 12, 2004
CLA-2-84:RR:NC:MM:106 K82942


TARIFF NO.: 8424.89.7090

Ms. Lorianne Aldinger
RITE AID Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a fog making machine from China.

Dear Ms Aldinger:

In your letter dated January 29, 2004, you requested a tariff classification ruling. You submitted a sample with your request, which will be returned to you.

The article in question is identified as the “Fog Machine”, item number 936034. The item is constructed of metal, measuring 9.25 inches long, 6.25 inches wide and 5 inches high. The machine is fitted with a plastic-corded remote controller, which allows for control of the duration and interval of fog bursts to be set. The controller also allows for timer or manual use. Included with the machine is a one-pint bottle of fog solution. The Fog Machine has a 0.80-quart tank capacity, a 125V fuse and a 200W heater. The fog solution is poured into the reservoir, pumped through a heater core and projected as fog through a port on the side of the unit.

The applicable subheading for the fog making machine will be 8424.89.7090, Harmonized Tariff Schedule of the United States (HTS), which provides for other mechanical appliances for projecting, dispersing or spraying liquids or powders. The rate of duty will be 1.8 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 Patrick J. Wholey at 646-733-3013.


Robert B. Swierupski

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