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NY L80374




November 5, 2004

CLA-2-84:RR:NC:1:104 L80374

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9885

Ms. Elizabeth M. Cantu
JCPenny Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301

RE: The tariff classification of an ultrasonic cleaner/stain remover from China

Dear Ms. Cantu:

In your letter dated October 12, 2004 you requested a tariff classification ruling.

A sample of the ultrasonic cleaner/stain remover, style number SR02, has been provided and will be returned per your request. It’s a small appliance designed to remove stains from all types of garments, glasses, watches, walls, furniture and carpets utilizing an ultrasonic wand with water and household detergent. The unit, powered by 4 AA batteries (not supplied) or an included AC adapter, comes with a cleaning container, splash guard, cleaning basket, ultrasonic cleaner, soap dispenser, stain removal tray, watch holder, ring tree, a standard head and brush head. The retail packaging includes cleaning instruction on the outside of the box. To clean clothing, for example, dip the soiled area into the tray filled with water and detergent then use the removable wand to produce the ultrasonic vibrations.

You suggest that classification should be under HTS subheading 8509.80.0095 as electromechanical domestic appliances, with self-contained electric motors. It cannot be classified in heading 8509 since it does not contain an electric motor.

The applicable subheading for the ultrasonic cleaner/stain remover, style number SR02, will be 8479.89.9885, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: other machines and mechanical appliances: other: other: other. The rate of duty will be 2.5 percent.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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