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February 25, 1999

CLA-2-84:RR:NC:MM:106 D88123

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.89.7090

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of the Eco-Pump spray bottle from China.

Dear Mr. Kelly:

In your letter dated February 10, 1999, on behalf of California Enterprises Corporation, you requested a tariff classification ruling. You submitted literature and a sample with your request.

The Eco-Pump is a plastic bottle with a spray nozzle and a specially designed seal. The Eco-Pump self pressurizes by pushing up and down a simple plastic pump attachment that fits around the top of the bottle. You state that the bottle then sprays a fine mist, similar to that of an aerosol can, but without the damaging effect of CFC's.

The applicable subheading for the Eco-Pump spray bottle will be 8424.89.7090, Harmonized Tariff Schedule of the United States (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 J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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