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NY K85433

May 19, 2004
CLA-2-85:RR:NC:1:112 K85433


TARIFF NO.: 8543.89.9695

Mr. Joseph Stinson
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a fogger device from China

Dear Mr. Stinson:

In your letter dated April 15, 2004 you requested a tariff classification ruling.

As indicated by the submitted sample, the fogger device, identified as item number 937369, is an electrical device that consists of a metal stand, a glass housing, a misting device, and a pump. In operation, it produces a mist effect as a result of the interaction of water with the misting device and pump.

The applicable subheading for the fogger device, item number 937369, will be 8543.89.9695, 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 2.6 percent ad valorem.

You have proposed classification under subheading 8424.89.7090, HTS. The fogger device is considered an electrical apparatus and, as such, is not classifiable within this subheading.

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 646-733-3017.


Robert B. Swierupski

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