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NY J89906




October 28, 2003

CLA-2-85:RR:NC:N1:113 J89906

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.0095

Mr. Mitsuko Baker
Air Fresh
505 South Ramona Avenue
Indialantic, FL 32903

RE: The tariff classification of an air freshener dispenser from Taiwan

Dear Mr. Baker:

In your letter dated October 14, 2003, you requested a tariff classification ruling.

The merchandise is an air freshener dispenser with an automatic light sensor control. The dispenser uses two D cell batteries to operate a motor that drives a plastic fan blade. The fan circulates fragrance throughout the room. The air freshener solution will be purchased separately. You suggest classification of this product under HTS 8501.10.4060 as an electric motor. However, in our opinion, the air freshener dispenser is an appliance containing a motor, and not a motor in and of itself.

The applicable subheading for the dispenser will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electro- mechanical domestic appliances, with self-contained electric motor, parts thereof, other appliances, other, other. The rate of duty will be 4.2 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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