The tariff classification of a plastic bedbug detector from China

N199855 January 25, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Mr. Damon V. Pike The Pike Law Firm, P.C. 246 Sycamore Street Suite 215 Decatur, GA 30030-3434 RE: The tariff classification of a plastic bedbug detector from China Dear Mr. Pike: In your letter dated December 13, 2011, on behalf of Slingshot Product Development Group, you requested a tariff classification ruling. The Verifi™ bedbug detector is a pest control device which uses chemical lures to attract bedbugs to the unit and capture them within a trap. The Verifi™ detector assists the pest control professional in detecting the presence of the bugs so that he can begin treatment. The detector is comprised of four components: 1) a molded plastic housing measuring approximately 4 ¼ inches in width, 4 ½ inches in height and 2 ¼ inches in depth; 2) a fibrous strip measuring approximately 4 ¼ inches in width by 1 ¼ inches in height on the back of the housing which provides a compact defined area or “harborage” in which the bedbugs congregate; 3) a plastic chamber or “pitfall” at the top of the housing to trap the bedbugs; and (4) internal components such as a chemical lure capsule (containing pheromone and kairomone lures) and a carbon dioxide cartridge. The carbon dioxide and the scent of the chemical lures seep through holes in the pitfall chamber at the top of the detector to attract any bedbugs present in the room. Bedbugs like to harbor together in dark, confined places near a food source and prefer to walk on textures with fiber-like surfaces that offer traction. The fibrous strip that is glued to the top portion at the back of the detector creates an optimal environment for bedbugs to congregate near the carbon dioxide that they interpret as being a food source. Any bugs that fall or jump into the pitfall chamber cannot escape because of the smooth plastic walls, and remain trapped until they die. Their bodies signal the presence of bedbugs to the extermination company inspectors. Although the Verifi™ detector is suitable for use in homes or hotels, at this time it is principally used in hotels. It offers the hospitality industry a faster, more affordable and more discreet way to test for infestation. The detector decreases the amount of time inspectors need to check each hotel room for the presence of bugs from a typical inspection cycle of 45 minutes to an estimated 2-3 minutes. The detector unit is imported with all of its components but will require some assembly prior to use, since the chemical cartridges must be inserted into the housing and activated after importation. The carbon dioxide and lure capsules are replaceable cartridges that must be replenished after several months. Replacement units are available. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the principles set forth in the General Rules of Interpretation (GRIs) of the HTSUS and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedules covers the components of the bug detector unit in combination, GRI 1 cannot be used as a basis for classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the essential character may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The plastic refillable housing comprises most of the bulk, weight and value of the device. Although the carbon dioxide and chemical lure cartridges perform an important function in the detector, they are replaceable elements. In the opinion of this office, the plastic housing is the component that imparts the essential character. You suggest classification in subheading 3924.90 of the HTSUS as other household articles of plastics. Additional U.S Rule of Interpretation 1(a) states that in the absence of special language or context which otherwise requires, a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use. Although the Verifi™ detector is suitable for use in homes as well as hotels, at this time it is principally used in hotels. The applicable subheading for the Verifi™ bedbug detector will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 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 on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division