CLA-2-85:OT:RR:NC:N2:220

Isaac Weiser
Exhart Environmental Systems
20364 Plummer Street
Chatsworth, CA 91311

RE: The tariff classification of rodent repellers from China

Dear Mr. Weiser:

In your letter dated November 1, 2018 you requested a tariff classification ruling.

There are two items under consideration which are identified as the “Mole Max Mole and Gopher Repeller” (Repeller) and the “Mole Max Solar Gopher and Mole Repeller” (Solar Repeller). The Repeller model is described as a battery operated 11.5” long plastic spike with a 3.5” wide T-handle with LED status indicator and a battery compartment that accommodates three batteries. The Solar Repeller model is described as an 11.5” long plastic spike with a 3.5” solar cell combined into the top cap. The Solar Repeller incorporates a rechargeable battery, which is powered by the solar cell, and on the side of the top cap is a pushbutton switch that turns the unit on and off.

In use, both devices are intended to be inserted into the soil in close proximity to an area which is experiencing a rodent infestation. Once power is applied, the Repeller and Solar Repeller emit sound and vibrations that simulate a natural distress call warning burrowing rodents of danger. The combined action of simulated animal warning sounds and vibrations is said to drive the rodents from their burrows and out of the affected area.

The applicable subheading for the Mole Max Mole and Gopher Repeller and the Mole Max Solar Gopher and Mole Repeller will be 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus; …Other”. The rate of duty will be 2.6 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above.

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 https://hts.usitc.gov/current.

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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division