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NY J82527

May 2, 2003

CLA-2-84:RR:NC:MM:106 J82527


TARIFF NO.: 8424.89.7090

Mr. J.A. Schwengel
S.C. Johnson & Son, Inc.
1525 Howe Street
Racine, WI 53403-2236

RE: The tariff classification of an automatic air freshener from Malaysia.

Dear Mr. Schwengel:

In your letter dated April 1, 2003, you requested a tariff classification ruling. You submitted descriptive literature with your request.

The article in question is a continuous-action air freshener, or phaser, identified as the “Glade Wisp”. The phaser is battery-operated and utilizes electronic technology to atomize 100% perfume oil. The electronics are programmable and can be used to set a precise fragrance delivery rate or allows the consumer to adjust fragrance intensity to a desired level. In operation, small particles of 100% fragrance are propelled intermittently from the unit to form a small “cloud” or “puff.” These small particles quickly diffuse and move throughout a large area on air currents, evaporating quickly and releasing the fragrance. The unit consists of a pump, domed orifice plate, through which the fragrance is pumped, and a piezoelectric ceramic unit, which is soldered to the orifice plate and causes the pump to vibrate at high frequency when voltage is applied. Other features include a computer chip, charge capacitor, 5-position switch, circuit board, chassis and outer plastic shell.

You suggest a tariff classification of subheading 8424.20, Harmonized Tariff Schedule of the United States (HTS); however, subheading 8424.20 does not apply since the merchandise is not a spray gun or similar device.

The applicable subheading for the phaser air freshener will be 8424.89.7090, HTS, which provides for other mechanical appliances for projecting, dispersing or spraying liquids. 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.


Robert B. Swierupski

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