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NY K87020




June 22, 2004
CLA-2-85: RR: NC: 1:112 K87020

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Lesa Hubbard
JC Penny
P.O. Box 10001
Dallas, Texas 75031-0001

RE: The tariff classification of a pet boundary from China.

Dear Ms. Hubbard:

In your letter dated June 9, 2004, you requested a tariff classification ruling.

The item in question is denoted as a pet boundary, lot number 808-0438. The item is a battery operated ultrasonic sound device that prohibits pets from entering a particular area. It is composed of a transmitter and base unit. The base unit will emit a tone only audible to the pet when the pet crosses its path wearing the transmitter. This tone will prohibit the pet from entering the designated area.

You have suggested this item be classified HTS provision 8531.80.00. It is the opinion of this office that this provision is not applicable because it does not use either a visual or sound indication for signaling purposes.

The applicable subheading for the pet boundary, lot number 808-0438 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.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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