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HQ 950881


March 30, 1992

CLA-2 CO:R:C:M 950881 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 8413.50.00

Mr. Keith B. Newfield
Director of Operations
Carex Systems Inc.
1842 Beacon Street
Brookline, Massachusetts 02146

RE: Automatic Soap Dispenser; 8424; 8543; EN 84.13; EN 84.24; HQ 088350 revoked

Dear Mr. Newfield:

This is in response to your letter requesting the classification of an automatic soap dispenser under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was referred to this office for a response.

FACTS:

The article in question is a battery operated, automatic soap dispenser, imported from the People's Republic of China. The unit is comprised of a rectangular-shaped plastic body that internally houses an infrared sensor, a piston-type liquid pump, a solenoid switch, two battery cases, and a module containing a red and green lamp. The infrared sensor, located on the bottom of the dispenser, sends out an infrared beam which reflects back to an electromagnetic solenoid. This beam is broken when a hand is placed under the bottom of the dispenser. This action activates the solenoid, which in turn activates the liquid pump motor, which in turn automatically dispenses liquid soap onto the individual's hand.

ISSUE:

Whether the automatic soap dispenser is classifiable as a reciprocating positive displacement pump for liquids under

Heading 8413, HTSUS, as a mechanical appliance for projecting, dispersing or spraying liquids under Heading 8424, HTSUS, or as an electrical machine, having individual functions, not specified or included elsewhere under Heading 8543, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

The headings at issue are as follows:

8413 Pumps for liquids, whether or not fitted with a measuring device . . .

8424 Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders . . .

8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter . . .

The Harmonized Commodity Description and Coding System Explanatory Notes [EN] constitute the Customs Co-operation Council's official interpretation of the Harmonized System. While not legally binding, they provide a commentary on the scope of each heading of the Harmonized System, and are thus useful in ascertaining classification under the System. EN 84.13, pg. 1161, states that Heading 8413, HTSUS, excludes appliances for projecting, dispersing or spraying liquids. Thus, if the article in question is described in Heading 8424, HTSUS, it cannot be classified under Heading 8413, HTSUS.

In HQ 088350, dated February 11, 1991, a similar infrared controlled automatic soap dispenser was classified under subheading 8543.80.90, HTSUS, which describes other electrical apparatus not specified or included elsewhere. In that ruling, we did not consider the classification of the soap dispenser under either Heading 8413 or 8424, HTSUS. If the soap dispenser can be classified in either Heading 8413 or 8424, HTSUS, it
cannot be classified under Heading 8543, HTSUS.

Heading 8424, HTSUS, provides for "[m]echanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders . . . ." EN 84.24, pg. 1188, states that this heading "covers machines and appliances for projecting, dispersing or spraying steam, liquids or solid materials . . . in the form of a jet, a dispersion (whether or not in drips) or a spray." The ENs list a wide range of appliances that are classifiable under Heading 8424, HTSUS. These articles include the following: fire extinguishers; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; syringes, sprays and powder distributors; irrigation systems; machines for coating various objects with wax; electrostatic painting apparatus; and industrial robots specially designed for projecting, dispersing or spraying liquids or powders.

The fact that an article "dispenses" a liquid does not necessarily mean that it is covered by Heading 8424, HTSUS. The automatic soap dispenser does not spray, project or disperse a liquid, as those terms are commonly defined. It does not throw, cast forward or scatter the liquid. Rather, it merely allows a fixed amount of liquid (soap) to pass through an orifice. While EN 8424, HTSUS, pg. 1188, states that the heading covers machines and appliances that dispense liquids in the form of a dispersion (whether or not in drips), it is our opinion that the article in question is not the type of machine or appliance contemplated by Heading 8424, HTSUS.

EN 84.13, pg. 1159, states that Heading 8413, HTSUS, covers "most machines and appliances for raising or otherwise continuously displacing volumes of liquids . . ., whether they are operated by hand or by any kind of power unit, integral or otherwise." The article in question consists of a large, white plastic body that acts as a holder for the batteries, as well as an infrared sensor and a motor driven pump. The dispenser has a built-in recess for inserting the soap-filled bottle.

The soap dispenser's function is to draw up liquid soap from the reservoir (bottle) and move it through a plastic dispensing tube. When the body and battery holder (the housing for the pump) are removed, a sensor-actuated, motor-driven liquid pump remains. Thus, the article in question is a machine for raising volumes of liquids which is battery operated and sensor-actuated, rather than operated by hand. Therefore, the soap dispenser is classifiable under Heading 8413, HTSUS, specifically under subheading 8413.50.00, HTSUS, which describes other reciprocating positive displacement pumps.

HOLDING:

The automatic soap dispenser is properly classifiable under subheading 8413.50.00, HTSUS, which provides for "[p]umps for liquids . . . [o]ther reciprocating positive displacement pumps." The corresponding rate of duty for articles of this subheading is 3% ad valorem.

EFFECT ON OTHER RULINGS:

HQ 088350, dated February 11, 1991, is revoked pursuant to Section 177.9(d) of the Customs Regulations [19 C.F.R. 177.9(d)].

Sincerely,

John Durant, Director

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