CLA-2-39:OT:RR:NC:N4:421
Mr. Joe Fairleigh
Green Home Shield LLLP
321 East Hillsboro Blvd.
Deerfield Beach, FL 33441
RE: The tariff classification of a bed bug trap from China.
Dear Mr. Fairleigh:
In your letter dated December 10, 2010, you requested a tariff classification ruling.
A sample was submitted with your letter. The bed bug trap consists of a plastic bowl, a plastic tube, a plastic 8-ounce or 16-ounce bottle with a sprout, and a 4-ounce plastic bottle. Depending upon the model, the bowl will be either square or round. The 16-ounce bottle will be imported with the square bowl, while the 8-ounce bottle will be imported with the round bowl. The final consumer will connect the tube to the bottle with the spout and fill it with warm water and two off-the-shelf natural products to form carbon dioxide to attract bed bugs. After importation, but prior to sale, the 4-ounce bottle will be filled with food grade diatomaceous earth. The diatomaceous earth, which under a microscope looks like ground up glass, will act a mechanical killer, essentially cutting up the bed bugs.
The above plastic components will usually be imported together as an unassembled bed bug trap. On some occasion, however, the plastic bowls and bottles will be imported separately as replacement parts. The tubes will not be imported separately.
As you requested, the samples will be returned.
The applicable subheading for the bed bug traps, when the components are imported together, will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other household articles…of plastics: other: other. The rate of duty will be 3.4 percent.
The applicable subheading for the bowls and bottles, when imported separately as replacement parts, will be 3926.90.9980, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division