CLA-2-38:RR:NC:FC:238 A82387

Mr. Gary A. Ryan
Airport Brokers Corporation
P.O. Box 68668
Seattle, WA 98168

RE: The tariff classification of four insect traps from Sweden

Dear Mr. Ryan:

In your letter dated April 4, 1996, on behalf of your client, Agro-BioTech Corporation, you requested a tariff classification ruling.

The four subject products, described, respectively, as: "Catch-it Small" (Article No. "Hobby"); "The Sleeve" (Article No. 4051); "The Window 4 sheet" (Article No. 5343); and "ABT Adhesive Traps" (Article 950), are used for the control of flies, fleas, and other insects. The adhesive used on these products is stated to contain no poisonous or toxic chemicals. Article No. "Hobby" measures 230mm x 75mm, and is made up of paper that is coated on both sides with an adhesive, which serves to catch the insects. It is indicated for use in greenhouses and winter gardens.

"The Sleeve" (Article No. 4051) measures 118mm x 340mm, and is made up of paper coated on one side with an adhesive, which serves to catch the insects. It is indicated for use on farms (in milking rooms) and other small areas around stables.

Article No. 5343 measures 48mm x 228mm, and is made up of clear plastic coated on one side with the insect-catching adhesive. It is indicated for use on windows.

Article No. 950 measures 127mm x 149mm, and is made up of paper which is coated on one side with adhesive. You state in your letter that, subsequent to importation, it is incorporated into another device containing a small light bulb, to form a complete trap. The light from the bulb draws the insects into the trap, and the adhesive-coated paper serves to actually catch them. You stated further, in a telephone conversation on April 18, 1996, with a member of my staff, that the subject product is used primarily in and around the home.

The applicable subheading for "The Window 4 sheet" (Article No. 5343) and "ABT Adhesive Traps" (Article No. 950) will be 3808.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Insecticides: Fly ribbons (ribbon fly catchers)." The rate of duty will be 2.8 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, "The Sleeve" (Article No. 4051) and "Catch-it Small" (Article "Hobby") insect traps would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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 C. Reilly at 212-466-5770.


Roger J. Silvestri
National Commodity
Specialist Division