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NY M80652




March 22, 2006

CLA-2-84:RR:NC:1:104 M80652

CATEGORY: CLASSIFICATION

TARIFF NO.: 8467.29.0090

Ms. Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue
39th Floor
New York, NY 10017

RE: The tariff classification of a hand held, battery-powered tool from China

Dear Ms. Weinberg:

In your letter dated February 16, 2006 on behalf of Scunci International, Inc. you requested a tariff classification ruling.

The “Big Scrub TM” is a hand held, battery-powered tool with a self-contained motor. The cordless, rechargeable tool comes equipped with interchangeable accessories to make it suitable for various functions. Depending upon the accessory used, the tool is capable of functions such as cleaning, scrubbing, buffing and polishing. From the illustrative photographs found on the retail packaging, it is clear that the main tool unit is designed to be held in the hand during use. While the tool is for working in the hand, the use of certain of the included adaptors does allow the tool to be connected at times to a steamer or garden hose. (Hoses are optional accessories purchased separately and are not included in this set.) The tool is also capable of being used completely submerged under water up to three feet deep.

The contents of the set are as follows:
Main Tool Unit (1 piece) (with locking swivel dial to loosen/tighten to clamp handle at a fixed angle and a three prong flange adaptor to attach brushes and pad retainer mount) Rechargeable Battery (1 piece) (installed in the handle base) Steamer Use Adaptor (1 piece) (provides connection between the unit and a steamer extension hose) Water Hose Plug (1 piece)(connects a garden hose to the water adaptor) Water Adaptor Assembly (1 piece) (two piece adaptor inserts into the unit and accepts the water hose plug) Recharging Unit (1 piece) (this device for recharging the battery features a charging light that glows red when the charger is activated) Long Bristle Nylon Brush (1 piece)
Short Bristle Nylon Brush (1 piece)
Pad Retainer Mount (1 piece) (attaches to the three prong flange and accepts all the pads and discs) Felt Polishing Pad (1 piece) (light rose) Buffing Pad (1 piece)
Felt Polishing Pad (1 piece) (light blue) Heavy Duty Abrasive Sponge Disc (1 piece) (beige) Chamois Sponge Disc (1 piece) (white)
Carrying Bag (1 piece) (wholly of man-made fiber textile fabric that is backed with a sheeting of plastic. The bag has double woven handles and a top zipper closure. The interior has one main compartment and one wall pocket. The exterior has an oval appliqué that reads “scünci® BigScrub™”) Adaptor Access Cap (1 piece)
Use & Instruction Manual (1 piece)

All the above items are packaged in a box for retail sale. The packaging describes the product and lists the contents of the set. No repackaging is involved.

A sample has been provided and will be returned to your office.

General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), HTSUS, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states, in part, that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.

The “Big Scrub TM” consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., cleaning/polishing). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the “Big Scrub TM” is within the term "goods put up in sets for retail sale".

GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. After examining the sample and its accompanying literature, it is the opinion of this office that the main tool unit imparts the essential character to this set. The applicable heading for the tool is 8467, HTSUS, which provides for tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof.

Section XVI, Note 3 provides that, in general, multi-function machines are classified according to the principal function of the machine. This tool performs various functions such as buffing, polishing, cleaning and scrubbing. The first two - buffing and polishing - would be classified in subheading 8467.29.0035, HTSUS, which provides for other grinders, polishers and sanders. The last two – cleaning and scrubbing – would be classified in subheading 8467.29.0090, HTSUS, which provides for other tools for working in the hand with a self-contained electric motor. In the opinion of this office, none of the cited functions can be determined to be the principal function. Pursuant to GRI 6 and GRI 3(c), the main tool unit “...shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.” In this instance, it is necessary to resort to subheadings (at the same level) which merit equal consideration. Of the subheadings under heading 8467, HTSUS, subheading 8467.29.0090, HTSUS, which provides for other tools for working in the hand, with self-contained electric motor, occurs last.

In your request, you suggest classification for the “Big Scrub TM” in either subheading 8424.20.9000, HTSUS, which provides for other spray guns or subheading 8424.89.7000 which provides for other appliances for projecting, dispersing or spraying liquids or powders. However, this item is not principally used for spraying, and actually scrubs, brushes and polishes. Therefore, classification in heading 8424, HTSUS, is not appropriate in this case.

You also suggested an alternative classification, i.e., subheading 8479.89.6500, HTSUS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: electromechanical appliances with self-contained electric motor: other. The key phrase here is “not specified or included elsewhere (in chapter 84)”. As the main unit is provided for elsewhere in chapter 84, specifically in heading 8467, HTSUS, classification in subheading 8479.89.6500, HTSUS, is precluded.

The applicable subheading for the “Big Scrub TM” will be 8467.29.0090, HTSUS, which provides for other tools for working in the hand, with self-contained electric motor. The rate of duty will be free.

The carrying bag is of a kind classified in HTSUS 4202.92.3031. If presented as part of a “set” of GRI 3(b), the carrying bag may be subject to quota and/or visa restrictions.

Goods classified in HTSUS 4202.92.3031 fall within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The sample submitted with your request is packaged for retail sale in a cardboard box. Top, front, back and side surfaces are printed with marketing literature. The country of origin is printed only on the bottom panel of the box, in print that is smaller than the marketing information and the US address.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. In this case, the ultimate purchaser must turn the box upside down to see the country of origin marking. While the tool itself does bear a “Made in China” marking, the ultimate purchaser cannot readily see this marking without completely unpacking the contents of the box.

Because of the very small print and the obscure placement, the country of origin marking is not conspicuous and does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The country of origin must be printed in larger size letters and in a more prominent location on the printed cardboard, or, if printed in that same location, must be printed in letters equal to or larger in size than those of the US address so that the ultimate purchaser can easily find the marking upon casual examination.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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