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NY N005183

January 23, 2007



TARIFF NO.: 8509.80.0095

Mr. R. Kevin Williams
Rodriguez O’Donnell Ross Fuerst
Gonzalez Williams & England, P.C.
8430 West Bryn Mawr Avenue, Suite 525
Chicago, IL 60631

RE: The tariff classification of the Intelligent Dustbin from China.

Dear Mr. Williams:

In your letters dated October 19, 2006 and January 3, 2007, on behalf of Seventh Avenue, Inc., you requested a tariff classification ruling.

The merchandise is identified in your letter as the Intelligent Dustbin. It is available in two sizes. The large bin (model number ZYS-50L) has a capacity of 50 liters/13 gallons, and measures approximately 12 inches in diameter and 34 inches in height with the top attached. The small bin (model number ZYS-30L) has a capacity of 30 liters/8 gallons, and measures approximately 12 inches in diameter and 22 inches in height with the top attached.

The Intelligent Dustbin is described as a cylindrical-shaped waste bin made of stainless steel. The article features a chrome-plated plastic top with a hinged lid. The Intelligent Dustbin contains an electric motor that opens and closes the lid automatically by means of a sensor. The lid can also be opened and closed by pressing the buttons that are located on the front of the chrome-plated plastic top.

You propose classification of the Intelligent Dustbin in heading 7323, Harmonized Tariff Schedule of the United States (HTSUS), which provides for table, kitchen or other household articles, of iron or steel. Note 1(f) to Section XV of the HTSUS states that Section XV (which includes chapter 73) does not cover articles of Section XVI (machinery, mechanical appliances, electrical goods). You indicated in your letter dated January 3, 2007, that the Intelligent Dustbin has a self-contained electric motor. Therefore, the Intelligent Dustbin is excluded by Note 1(f) to Section XV of the HTSUS from classification in heading 7323 because it contains an electric motor.

The applicable subheading for the Intelligent Dustbin will be 8509.80.0095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, other. The rate of duty will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 8509.80.5095, HTSUS.

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 Ann Taub at 646-733-3018.


Robert B. Swierupski

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