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NY K81803

December 15, 2003
CLA-2-84:RR:NC:MM:106 K81803


TARIFF NO.: 8424.20.1000; 8424.20.9000; 8424.89.7090; 9817.00.5000

Ms. Marian Ladner
Strasburger & Price LLP
1401 McKinney Street
Houston, TX 77010

RE: The tariff classification of various spraying appliances from China

Dear Ms. Ladner:

In your letter dated December 2, 2003, on behalf of your client, Saint-Gobain Calmar, Inc., you requested a tariff classification ruling. You submitted samples and schematic drawings with your request.

You submitted samples and literature for 5 hand-operated spraying appliances similar in operation to spray gun appliances and a 6th spraying appliance that fits a garden hose. Products 1 through 4, the Mixor-3B HP Trigger Sprayer, the Mixor 3-B Remote Trigger Sprayer, the Mixor-6HP Nested Remote Trigger Sprayer and the Mixor-3B HP Nested Remote Trigger Sprayer, respectively, operate using a trigger-activated simple piston pump sprayer. The 5th product is the “Vegas 2” Battery Operated Trigger Sprayer, which also comes in a “Remote” model. This product is battery powered and operates with a gear pump spray mechanism rather than with a simple piston pump. The 6th product is the Infinity Hose End Sprayer. This article is fitted to a garden hose and sprays its product using a venturi effect. There is an orienting spray head and an on/off valve control on the appliance. You state that all of your client’s spraying appliances are intended for actual use in agricultural or horticultural pursuits. The literature shows the products intended for use in such agricultural/ horticultural purposes as brush clearing, weed control, pest control and the like. It appears also that the products will be distributed through an appropriate commercial channel in the agricultural/horticultural market.

The applicable subheading for the Mixor-type sprayers will be 8424.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for simple piston pump sprayers similar to spray guns. The rate of duty will be 2.9 percent.

The applicable subheading for the “Vegas 2” sprayers will be 8424.20.9000, HTS, which provides for other spray guns and similar appliances. The rate of duty will be free.

The applicable subheading for the Infinity Hose End Sprayer will be 8424.89.7090, HTS, which provides for other mechanical appliances for projecting, dispersing or spraying liquids or powders. The rate of duty will be 1.8 percent.

Subheading 9817.00.5000, HTS, is the provision covering machinery, equipment, or implements to be used in agricultural or horticultural pursuits. This is an actual use provision subject to the certification process found in Sections 10.131 – 10.139 of the Customs Regulations. The use of these sprayers is an agricultural/horticultural pursuit. In this instance, classification in the alternative, subject to certification, will be subheading 9817.00.5000, HTS. The rate of duty will be free. Your attention is directed to an Informed Compliance Publication on this agricultural actual provision which may be found at the following website: http://www.cbp.gov/xp/cgov/toolbox/legal/informed_compliance_pubs/informed_compliance_pubs.xml.

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 Wholey at 646-733- 3013.


Robert B. Swierupski

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