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NY L85706

July 8, 2005

CLA-2-85:RR:NC:N1:113: L85706


TARIFF NO.: 8509.10.0030

Ms. Maurine Cecil
American Shipping Company, Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of a wet/dry vacuum cleaner from China

Dear Ms. Cecil:

In your letter dated June 7, 2005, you requested a tariff classification ruling.

The sample you submitted is called the “Vaqua”, a water filtration, canister-style vacuum cleaner used in the home. The Vaqua (item number SA861-80) includes various accessories.

The applicable subheading for the Vaqua, imported with its accessories, will be 8509.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliance, with self-contained electric motor, vacuum cleaners, wet/dry type. The rate of duty will be free.

We are unable to provide individual classification advice for the assorted accessories when imported separately from the vacuum without additional clarification. Does the power brush head attachment have a motor inside it? We found a handheld brush in the carton that is not mentioned in your letter or user guide. What will it be used for? There is also a loose vacuum filter in the carton that is not listed in your letter. What type of material is this filter made of? And lastly, no sample of the space maximizer storage bag described in your letter and the user guide was located. Please send us a sample of the bag and state what type of material it is made of.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 James Smyth at 646-733-3018.


Robert B. Swierupski

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