CLA-2-84:RR:NC:MM:106 H87343

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a fog making machine from China.

Dear Ms. Aldinger:

In your letter dated January 29, 2002 you requested a tariff classification ruling. You submitted a sample with your request.

The article in question is identified as the Fog Machine w/Timer, model number DK-007, and also identified as item # 999468. The item is composed primarily of polyvinyl chloride and polycarbonate material and steel and has a one liter tank capacity, a 700 watt heater, a 125V fuse and outputs 2500 cu. ft. per minute. The item also has a corded remote control. A liquid is poured into the reservoir, pumped through a heater core and projected as fog through a port on one side of the unit.

The applicable subheading for the fog making machine will be 8424.89.7090, Harmonized Tariff Schedule of the United States (HTS), which provides for other mechanical appliances for projecting, dispersing or spraying liquids or powders. The rate of duty will be 1.8 percent ad valorem.

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 Patrick J. Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division