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NY K85051

May 17, 2004

CLA-2-85:RR:NC:N1:113 K85051


TARIFF NO.: 8509.80.0095

Ms. Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue
39th Floor
New York, NY 10017

RE: The tariff classification of a carpet sweeper from country of origin undetermined.

Dear Ms. Weinberg:

In your letter dated April 20, 2004, you requested a ruling on behalf of L&N Sales and Marketing, Inc. on tariff classification.

The sample you provided is a motorized floor and carpet sweeper used in the household. The sweeper weighs less than five pounds. It features a rotating brush and a telescoping handle. In your letter, you suggest that the item be classified as a vacuum cleaner in heading 8509.10.0070, HTS. According to the Explanatory Notes to the HTS, a vacuum cleaner performs “two functions: the suction of dust [dirt] and the filtering of the air stream.” The suction is performed by a direct drive turbine, and the filtered air is used to cool the motor. The present carpet sweeper consists of a rotating brush in a housing used to collect the dirt. It does not have the features of a vacuum cleaner.

The applicable subheading for this product will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, other. The general rate of duty will be 4.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.


Robert B. Swierupski

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