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NY K83896




March 19, 2004

CLA-2-85:RR:NC:N1:113 K83896

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.0095

Ms. Lori Sherrill
Coleman Company, Inc.
3600 N. Hydraulic
Wichita, KS 67219

RE: The tariff classification of a mosquito trap from China.

Dear Ms. Sherrill:

In your letter dated March 3, 2004, you requested a ruling on tariff classification.

The merchandise is the Mosquito Deletotm Backhome 2500 System, item 2920-100. The product houses a propane-powered combustion chamber. As the product is operated, propane is burned, creating CO2 as an attractant for mosquitoes. A electrically operated fan within the product blows the warm, moisture laden CO2 down through the product’s cart column and over an octenol lure. The product creates its own electricity for the fan with a thermoelectric power module array. As the fan operates, it creates a vacuum and pulls the air and insects into the internal capture net.

You suggest in your letter that subheading 3808.10.5000, HTS, {might} be a good classification for the product. However, in our opinion, the mechanical complexity of this product, relative to the exemplars cited in heading 3808, HTS, and Explanatory Note 38.08(3), HTS, exclude the subject product from classification as a pesticidal (insecticidal) article within subheading 3808.10.5000, HTS.

The applicable subheading for this product will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, other. The general rate of duty will be 4.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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