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NY A89813

CLA-2-85:RR:NC:1:113 A89813


TARIFF NO.: 8509.10.0030

Ms. Patricia A. Johnson

C. H. Powell Company

6 Northway Ct.

Eastway Business Park

P.O. Box 270

Greer, SC 29652

RE: The tariff classification of a cleaning system from Slovenia

Dear Ms. Johnson:

In your letter received in this office on November 22, 1996, on behalf of Gassman, Inc., you requested a tariff classification ruling.

The merchandise is the Hyla Air and Surface Cleaning

System, designed for use in the household. The machine is an
electro-mechanical device similar to a vacuum cleaner. Instead
of a filter bag, it filters the soil through a 1-gallon water pan.

It weighs about 11 kg. and is imported in two boxes.

The first contains the unit with attachments for filtering air and cleaning surfaces without water.

The second contains attachments
which allow the cleaning of hard surfaces,
carpets and upholstery with water. The unit
is imported with five bottles of scents for
freshening the air while in use. It also comes
with two bottles of liquid cleanser. We
assume from your letter that the appliance is
imported packaged for retail sale.

Classification of products under the

Harmonized Tariff Schedules is governed by
the General Rules of Interpretation (GRI's).

GRI 1 provides that classification is
determined first in accordance with the terms
of the headings and any relative section or
chapter notes. GRI 3 provides that goods put
up as sets for retail sale shall be classified by
the component which gives them their
essential character.

The Explanatory Notes, the official
interpretation of the HTS at the international
level, although not legally binding, provide
some guidance on interpreting provisions under the HTS. The Explanatory Notes for heading 8509 note that the appliances of that heading may be presented with interchangeable parts or auxiliary devices to make them suitable for various purposes. Such appliances are classified together with the parts and accessories presented with it provided they are of a kind and number commonly used with the appliance. Section XVI, Note 3 provides that, in general, multi-function machines are classified according to the principal function of the machine. In the opinion of this office, the principal function and essential character of this appliance is vacuuming.

The applicable subheading for the Hyla Air and Surface Cleaning System will be 8509.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for electro-mechanical domestic appliances, with self-contained electric motor, vacuum cleaners, wet/dry type. The duty rate will be 2 percent ad valorem.

Articles classifiable under subheading 8509.10.0030, HTS, which are products of Slovenia are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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 James Smyth at 212-466-2084.


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