The Tariff Classification of A Fogger Device from China.

NY K85434 May 19, 2004 CLA-2-85:RR:NC:1:112 K85434 CATEGORY: Classification TARIFF NO.: 8543.89.9695 Mr. Joseph Stinson LISSGLOBAL, INC. 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 937372, is an electrical device that consists of a metal stand, a glass housing, a misting device, and a 2 piece 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 937372, 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division