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NY M80362




March 8, 2006

CLA-2-84:RR:NC:1:102 M80362

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.6090

Mrs. Wynelle Spurgeon
Trans-World Shipping Service, Inc.
3206 Frenchmens Road
P.O. Box 795
Toledo, Ohio 43697-0795

RE: The tariff classification of a touch-sensor fan from China

Dear Mrs. Spurgeon:

In your letter dated January 30, 2006 you requested a tariff classification ruling on behalf of your client Mark Feldstein & Associates.

The article in question is described as a “Touch Fan”, item numbers TF6MR, TF6S, TF6P and TF6MB. The range of item numbers appears to simply reflect the different colors in which the fan is available. Descriptive literature and a sample were submitted.

Based on examination of the submitted sample “Touch Fan” is a handheld, battery-operated axial fan with a lanyard for carrying. The fan incorporates a touch-sensor that allows the fan to be turned on by the user’s touch. Included with the fan is a “touch sense” base that automatically activates the fan for desktop use.

The applicable subheading for the fan and base will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The rate of duty will be 2.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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