CLA-2-84:OT:RR:NC:N1:104
Matias Gallegos
Givens & Johnston, PLLC
950 Echo Lane, Suite 360 Houston, TX 77024
RE: The tariff classification of a rodent trap with lure from New Zealand
Dear Mr. Gallegos:
In your letter dated February 1, 2024, on behalf of your client, NZ AutoTraps, LTD, you requested a tariff classification ruling.
The AT2020 is a battery-powered, automatic self-resetting rodent trap and kill device. This cage-like device with an open bottom is mounted on a tree or other elevated surface and incorporates a high-tension spring-powered kill bar. The trap is used in conjunction with a lure to attract larger pests such as rats, mongooses, possums, and other small to medium forest vertebrates. Pests attracted by the lure enter the trap, which
releases the spring and kill bar. The spring and kill bar are in turn automatically reset by a reset motor drive assembly.
Your submission states that while the trap can be used with any lure of the user’s choosing, it is principally intended to be used with an environmentally friendly and non-toxic mayonnaise-based lure. One container of a mayonnaise-based lure (either a 350g pouch, 500ml bottle, or 2L bottle) will be imported and sold with the AT2020. The mayonnaise lure can be installed to automatically dispense, or the end-user can manually refill the trap as needed.
As imported, the AT2020 will include the trap, a rechargeable battery, the mayonnaise lure, and a USB charging cable for the battery, which you claim constitutes a set for classification purposes and that the trap imparts the essential character to the set. Rule 3(a), General Rules of Interpretation (GRI), states that where goods are classifiable in two or more headings and those headings (as here) each refer to part only of the items in the retail set, those headings are to be regarded as equally specific. GRI 3(b) states that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consist of the material or component that gives them their essential character. We agree that the trap itself imparts the essential character to the set.
You suggest classifying the AT2020 set within subheading 8436.80.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for forestry machinery. We disagree. As noted in your submission, the AT2020 is used to trap and kill possums, rats, mice, and other vermin. Marketing material for these traps states that they can be used not only in forests, but in urban environments as well. These functions and uses are inconsistent with forestry machinery. Therefore, your suggested classification is incorrect.
Alternatively, you suggest that the AT220 may be classified under subheading 8543.70.9860, HTSUS. We disagree. In order for an item to be included within heading 8543, HTSUS, it must function primarily electrically. Though the trap contains some electrical components, it is our view that these electrical functions are subsidiary to the mechanical function, which is the principal component of the finished device. As such, heading 8543 is inapplicable.
The applicable subheading for the AT220 rodent trap with lure, imported together as a set with the battery and charging cable, will be 8479.89.9599, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” The rate of duty will be 2.5 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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Arthur Purcell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division