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NY L82297

February 18, 2005

CLA-2-84:RR:NC:MM:106 L82297


TARIFF NO.: 8424.89.7090

Ms. Donna Bade
Sandler, Travis & Rosenberg, P.A.
225 W. Washington Street
Chicago, IL 60606

RE: The tariff classification of the “Mr. Clean Autodry Carwash” automotive cleaning appliance from China

Dear Ms. Bade:

In your letter dated January 26, 2005, on behalf of The Procter & Gamble Manufacturing Company, you requested a tariff classification ruling. You submitted a sample and descriptive literature with your request. The sample will be returned to your office.

The merchandise at issue is the “Mr. Clean Autodry Carwash “ (“Autodry”) automotive cleaning appliance. The merchandise, which is imported put up in retail packaging, consists of a pistol-grip “Autodry” dispersing appliance, a 6.7 oz. bottle of Starter Soap with Dry Rinse Polymer and a Starter Filter. The appliance and the filter are made in China, while the soap is made in Vietnam. The countries of origin are labeled as such on the retail packaging. The soap is formulated in such a way so as to promote a sheeting action during the rinsing action. The filter uses an ion exchange technology to remove impurities from the final rinse water to eliminate spotting or streaking. For tariff purposes, the “Autodry” would be considered a set for retail sale, with the essential character being imparted by the pistol grip “Autodry” appliance.

The “Autodry” appliance functions through a structure of internal tubing. The whole device is connected to a typical garden hose. Water is introduced into three separate tubes within the device and an exterior selector valve directs the flow of water out of the device. The first tube is directed straight through the appliance and out of one of the three nozzles on the face of the “Autodry” device. The second tube is directed past the soap reservoir where a venturi pump is used to create a vacuum and add the soap into the stream of water. The soap/water mixture exits the device through a second nozzle on the face of the device. The third tube directs the water through the filter before exiting through the third nozzle on the front of the device. There is a flow washer in the filter path to limit the water pressure as it passes through the filter to less than 50 psi.

In operation, the filter is inserted into the bottom of the appliance and then the reservoir is filled with the recommended liquid soap solution. The device is connected to a water supply by an ordinary garden hose. The water begins to flow through the appliance when a flow valve in the form of a toggle switch at the rear of the device is flipped on. Before that step, the dial at the rear of the device is rotated to the rinse setting in order to wet the surface of the vehicle. The stream that issues from the device during the rinse cycle appears from all available evidence to be in the form of a projection or dispersion of water and not in the form of a spray, as those terms are commonly understood. The next step involves selecting the soap setting and projecting a mixture of soap and water on to the surface to be cleaned. After this step, the dial is once again turned to the rinse setting to wash away excess soapsuds. The final step is to select the “Mr. Clean Autodry” setting. This setting sprays de-ionized water which has been routed through the filter and which combines with the polymer remaining on the cleaning surface to result is a spot fee finish when the surface has dried. Judging by the nozzle apertures in the face of the device, only the “Mr. Clean Autodry” setting will result in a spray. The rinse and soap setting apertures will result in a projection or dispersion of the water, water/soap streams.

In your inquiry, you expressed the opinion that the “Autodry” be classified in subheading 8424.20.90, Harmonized Tariff Schedule of the United States (HTS), as spray guns and similar appliances, other. You cited the language of the Explanatory Notes for this subheading, which may be found in EN 8424 (B). This language reads, in part, as follows:


Spray guns and similar hand controlled appliances are usually designed for attaching to compressed air or steam lines, and are also connected, either directly or through a conduit, with a reservoir of the material to be projected. They are fitted with triggers or other valves for controlling the flow through the nozzle, which is usually adjustable to give a jet or more or less divergent spray. They are used for spraying paint or distemper, varnishes, oils, plastics, cement, metallic powders, textile dust, etc.. They may also be used for projecting a powerful jet of compressed air or steam for cleaning stonework in buildings, statuary, etc.

Subheading 8424.20.90, HTS, does not include all mechanical appliances for projecting, dispersing or spraying liquids or powders. Heading 8424 does include such appliances, but not all of the subheadings indented beneath the heading are so inclusive. Subheading 8424.20.90 includes only spray guns and similar appliances, other than simple piston pump sprays and powder bellows. As the ENs you cited instruct us, the goods of the subheading for spray guns and similar appliances perform their functions through “a jet or ... divergent spray.” As we have stated above and as all available evidence shows the “Autodry” does not principally project a jet or spray of liquid or powder. The streams which emerge from the device in two out of the three settings cannot be characterized as a jet or spray. As such it cannot be included in that class or kind of good known as spray guns or appliances similar to that.

The applicable subheading for the “Mr. Clean Autodry Carwash” automotive cleaning appliance 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 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 Wholey at 646-733- 3013.


Robert B. Swierupski

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