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NY L80743

November 24, 2004

CLA-2-85:RR:NC:1:112 L80743


TARIFF NO.: 8501.10.4060; 3307.49.0000

Pete Mento
Expeditors Tradewin, LLC
1015 3rd Avenue
12th Floor
Seattle, WA 98104-1190

RE: The tariff classification of an aerosol air freshener dispenser and aerosol air freshener from China, Korea or Mexico

Dear Mr. Mento:

In your letter dated October 29, 2004, you requested a tariff classification ruling on behalf of Reckitt Benckiser, Inc. of Parsippany, New Jersey.

The first item concerned is the Air Wick Automatic Air Freshener Dispenser (see next page). It is an 8 ½”H X 3 ¼”W, off-white, oblong-shaped, hard plastic container with the plastic molded over a small electric motor and integrated circuit housed at the inside top of the container. The inner body of the container is hollow save for two battery slots and a wire leading from the right battery socket into the molded plastic at the top. There are three small, black switches at the top left of the inside of the item labeled “24 DAY NGT”, “7.5 15 30” and “ON OFF” There are two small plastic light covers at the top left of the inner body of the item; one is clear and the other red. These covers show through holes in the outer cover of the dispenser. In the middle of the inner top of the dispenser is a raised button clasp which “locks” the inner body of the dispenser to the outer cover when the outer cover is pushed back on its bottom hinge over the inner body. Approximately three-quarters of the way up the back of the dispenser is a punching bag-shaped hole.

The purpose of the dispenser is to automatically facilitate the dispensing of aerosol fragrance from a can enclosed inside itself through the operation of its built-in motor which presses a lever down on the spray nozzle of the can. The motor can be “programmed” to operate at various time intervals and, by increasing the pressure of the lever, produce different intensities of spray.

You had requested a classification of HTS 8424.89.7090 for this item. As was explained via telephone to Ms. Julie Vair of your company by National Import Specialist Patrick Wholey, the Dispenser, itself, has no capability to “dispense” anything – its motor can merely be activated at various times and pressures to move a small lever up and down. The dispenser you cite in ruling NYJ82527 is a self-contained unit including fragrance which is considered a “complete spraying appliance”. In regard to the Customs comments in ruling HQ966803, the pertinent part is “... the canister is merely the conduit by which the cleaner is stored and dispensed ... ”; in this instance, the Dispenser is merely the housing which facilitates the dispensing of the Air Freshener – the Air Freshener pump nozzle being the actual dispensing device. The Dispenser is no more capable of “spraying” the Air Freshener than would be a finger if the pump nozzle were manually operated.

Since the operation of the motor in the Air Freshener Dispenser is its primary function, we reference the Explanatory Notes of the HTSUS under heading 85.01; they read, in part, “... Motors remain classified here even when they are equipped with ...”. The specific parts listed as motor equipage in the Explanatory Notes have been expanded into guidelines by several HQ rulings, most listed in ruling HQ 957555 which classified a similar aerosol dispenser in 8501.10.40.

The applicable subheading for the Air Wick Aerosol Air Freshener Dispenser will be 8501.10.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric motors ... : Motors of an output not exceeding 37.5 W: Of under 18.65 W: Other: DC: Other. The rate of duty will be 4.4%.

The second item concerned is the Air Wick Automatic Spray (see below). It is a 5 ½” high (including nozzle), round metal can or canister, with a white spray pump nozzle, which contains aerosol fragrance. The can and accompanying 2”H round, soft plastic cap measure 8 ½” in circumference. The purpose of the Spray is to imbue the surrounding area with a pleasing smell.

The applicable subheading for the Air Wick Air Freshener will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for perfuming or deodorizing rooms ... : Other. The rate of duty will be 6%.

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 classification of the Air Wick Aerosol Air Freshener Dispenser, contact National Import Specialist Richard Laman at 646-733-3017. If you have any questions regarding the classification of the Air Wick Aerosol Air Freshener, contact National Import Specialist Stephanie Joseph at 646-733-3268.


Robert B. Swierupski

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