The tariff classification of a "Solar Mole Repeller" (Item # WW22-65272) from China

N005375 January 26, 2007 CLA-2-85:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.89.9795 Gordon C. Anderson - Atty in fact for Import Specialty Inc. C.H. Robinson Worldwide, INC. Minneapolis International 14800 Charlson Road, Suite 400 Eden Prairie, MN 55347-5048 RE: The tariff classification of a “Solar Mole Repeller” (Item # WW22-65272) from China Dear Mr. Anderson: In your letter dated January 12, 2007, you requested a tariff classification ruling on behalf of Import Specialties Inc., of Chaska, MN. The item concerned is the “Solar Mole Repeller” (Item # WW22-65272). This device consists of an, approximately, twelve-inch long aluminum spike/post that is capped off with an “Amorphous Solar Panel” in a round plastic housing. The round plastic housing is six inches in diameter. The unit is designed to repel burrowing pests such as moles, gophers and other rodents by emitting a sonic pulse that pests find disturbing. In use, the mole repeller is inserted into the earth via the aluminum spike. The vibrating sonic sound (400Hz-1000Hz) pulses at 30-second intervals and covers a surface area of six thousand square feet. The Mole Repeller emits vibrations in all directions. For best results one should be placed every fifty feet. The unit is powered by the solar panel and a rechargeable, long-run Ni-CD battery. This allows the repeller to run both day and night for 24-hour-a-day protection. The applicable subheading for the “Solar Mole Repeller” will be 8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other: Other. The rate of duty will be 2.6%. 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). Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 8543.70.96 HTSUS. 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 Steven Pollichino 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division