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NY 804604




December 15, 1994

CLA-2-84:S:N:N1:103 804604

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.6500

Mr. Jeff Miller
Amrep, Inc.
990 Industrial Park Drive
Marietta, GA 30062

RE: The tariff classification of an aerosol dispenser from China

Dear Mr. Miller:

In your letter dated November 17, 1994 you requested a tariff classification ruling.

The Automatic Metered Aerosol Dispenser is a wall-mounted, battery- operated mechanical appliance used to activate an aerosol spray can at timed intervals. It consists of a plastic cabinet with a side hinged door containing an opening through which the spray is emitted. Inside the cabinet is a battery compartment, a compartment which holds a standard aerosol spray can, a motorized gear and lever system, and a control board. The control board features "empty can" and "battery low" warning lights, as well as a timer setting which allows the unit to be set to initiate a spraying action every 7.5, 15, or 30 minutes. When the dispenser's switch is turned on the gear system begins to rotate, causing the lever to press down on the aerosol can's spray valve and initiate the spraying action.

The spray can compartment is designed to hold a can of air freshener, air sanitizer, or insecticide. The Automatic Metered Aerosol Dispenser will be imported without an aerosol spray can, but will include two screws, two hollow wall anchors, and decorative plastic strips which can be applied to the cabinet to match the color of the wall on which it will be mounted. The unit is approximately 9 inches long, 3.5 inches wide, and 3.5 inches thick.

The applicable subheading for the Automatic Metered Aerosol Dispenser will be 8479.89.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for other electromechanical appliances with self-contained electric motor. The rate of duty will be 4.2 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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