CLA-2-39:S:N:N6:221 880892
Mr. Henry Hofheimer
El-Tech Technology, Inc.
7 Woodland Avenue
Larchmont, NY 10538
RE: The tariff classification of insect traps from Germany.
Dear Mr. Hofheimer:
In your letter dated November 30, 1992, you requested a
tariff classification ruling.
According to the descriptive literature submitted with your
request, the slot-type insect traps are used to trap bark
beetles. Each trap measures approximately 50 cm in length, 14 cm
in width, and 60 cm in height. It may be suspended on a cord
stretched between two trees, or mounted onto a stand. The trap
may be baited with one or several dispensers. The beetles are
lured into the trap by using pheromones and collide with the
barrier trap during their flight to tree stands. They fall
through the trap slots and slide down the smooth inner sides of
the trap into the collecting pan. The trapped beetles can then
be killed by crushing, or the inside of the collection well can
be coated with an insecticide. The purpose of the traps is to
control the pest population in forests.
The traps may be imported alone, or as part of a trap
assembly which includes the trap, a tripod-type trap stand, and a
"bonder" or clamp to attach the trap to the stand. In some cases
the traps may be imported with attractants and/or insecticides.
The traps are designed for long term use, while the bait is
generally replaced twice each year. The trap or trap assemblies
and the attractants/insecticides are considered to constitute a
set when imported together packed for retail sale. The trap
imparts the essential character to the set.
The applicable subheading for the beetle slot traps or trap
assemblies, either when imported empty, or when imported with
attractants and insecticides and packed together for retail sale,
will be 3926.90.9090, Harmonized Tariff Schedule of the United
States (HTS), which provides for other articles of plastics,
other. The rate of duty will be 5.3 percent ad valorem.
This merchandise may be subject to the regulations of the
Environmental Protection Agency. You may contact them at 401 M
Street, S.W., Washington, D.C. 20460, telephone number (202) 382-
2090.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport