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NY J80030




February 7, 2003

CLA-2-85:RR:NC:1: 112 J80030

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

MS. Carol Bohan
Allstar Marketing Group LLC
4 Skyline Drive
Hawthorne, NY 10532

RE: The Tariff Classification of A “Toothbrush Sanitizer” from China.

Dear Ms. Bohan:

In your letter dated January 6, 2003, you requested a tariff classification ruling.

The item, sample submitted, is an ultraviolet antibacterial device for sanitizing toothbrushes and razors. It is powered by 6 AA batteries, which are not included.

You propose possible classification in two subheadings of Heading 9018. We do not agree. While regular toothbrushing at home is highly recommended for good health, shaving is not. In either case, your item will be used in the home, not “only in professional practice (e.g., by doctors, surgeons, dentists, veterinary surgeons, midwives),” as indicated by the Harmonized System Explanatory Note to 9018. We note that toothbrushes themselves are named in Heading 9603, not in 9018, for this reason.

The applicable subheading for the “Toothbrush Sanitizer” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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