CLA-2 CO:R:C:G 087486 WAW

Mr. Roger D. Comstock
Better Living Products, Inc.
2255 N. University Pkwy
Suite 15
Provo, Utah 84604

RE: Reconsideration of New York Ruling Letter (NYRL) 852441; Plastic Soap and Lotion Dispenser; Builders' ware of plastics; Toilet articles of plastics

Dear Mr. Comstock:

This letter is in response to your inquiry, dated May 29, 1990, concerning the classification of a plastic soap and lotion dispenser under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). No sample was submitted along with your request; however, descriptive literature of the product was provided for our review.

FACTS:

The subject merchandise is a described as a bathtub and shower organizer which is designed to dispense soaps and lotions. There are four different models which the importer has requested that we reconsider in this ruling letter. The "Dispenser" model contains four separate compartments which hold the various liquids. The "Dispenser II" model is a smaller, two-chambered unit. The "Dispenser Junior" model consists of two versions: a unit for a children's bathroom and a unit designed for a baby's room. The "Dispenser Elite" model is another type of four- chambered model. All of the models are composed of a durable ABS plastic shell. Furthermore, in all of the models, the liquids can be dispensed by pushing the appropriate pump. The dispensers are designed for both permanent and temporary, but secure, installation on bathroom walls. All models are designed to be mounted either by means of screws or with a silicon adhesive.

In NYRL 852441, dated May 18, 1990, Customs classified the bathtub and shower dispensers under subheading 3925.90.0000, HTSUSA. This subheading provides for builders' ware of plastics, not elsewhere specified or included, other. Articles classified under this subheading are subject to a rate of duty of 5.3 percent ad valorem. You maintain that the subject merchandise is more properly classified under subheading 3924.90.5000, HTSUSA, which provides for tableware, kitchenware, other household articles and toilet articles, of plastics. . . other, dutiable at a rate of 3.4 percent ad valorem. In support of your position, you stated the following:

(1) The "Dispenser" is not a permanent mounted item, it is designed exclusively for easy removal and relocation;

(2) Although, as we are aware, there are many commercial soap dispensers currently on the market, we have designed the "Dispenser" line exclusively for home use.

ISSUE:

Whether the sample soap and lotion dispensers are classifiable under subheading 3924.90.5000, HTSUSA, as tableware, kitchenware, other household articles and toilet articles, of plastics, or rather under subheading 3925.90.0000, HTSUSA, as builders' ware of plastics, not elsewhere specified or included.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

At first glance, it would appear that the subject merchandise is principally used in the home and should be classified in subheading 3924.90.5000, HTSUSA. However, in view of the recommendations made by the Secretariat of the Customs Cooperation Council in Brussels (hereinafter CCC), the Harmonized System Committee, it is the position of this office that the sample plastic soap and lotion dispenser which is designed for both permanent and temporary installation, should be classified as a builders' ware of plastics, not elsewhere specified or included, in subheading 3925.90.0000, HTSUSA.

During the Fourth Session of the Harmonized System Committee meeting, which took place on July 31, 1989, the CCC examined the proposals of the European Economic Community (EEC) in order to clarify the scope of Headings 3924 and 3925, HTSUSA. At this session, the Committee discussed, among other things, the classification of towel rails, tooth-brush holders, toilet paper holders, towel hooks and similar articles for bathrooms, toilets, and kitchens, designed for fixing to or setting in the wall, taking into account the EEC proposals and the comments and suggestions set forth by the Secretariat. The Committee unanimously agreed with the Secretariat's position that Heading 3924, HTSUSA, (covering tableware, kitchenware, other household articles and toilet articles, of plastics) did not include articles such as plastic tissue dispensers, which are designed for permanently fixing to or setting in the wall. Consequently, the Committee decided to retain the classification of towel rails, towel hooks and similar articles in Heading 3925, HTSUSA, as builders' ware.

Similarly, in Headquarters Ruling Letter (HRL) 087277, dated September 24, 1990, Customs classified a plastic tissue dispenser designed for permanent installation under subheading 3925.90.0000, HTSUSA. In HRL 087277, Customs held that Heading 3924, HTSUSA, which covers tableware, kitchenware, and other household articles and toilet articles of plastics, did not include articles such as towel rails, towel hooks and similar articles, designed for permanently fixing to the wall. In the instant case, the plastic soap and lotion organizer is a toilet article which is designed to store and dispense bathing liquids in the bathtub or shower. Furthermore, even though the importer maintains that these products are not intended to be permanently mounted in the wall, they are designed to be securely fixed to the wall by either screws or strong adhesives. Accordingly, it is our position that the plastic soap and lotion dispensers are the type of articles which the Committee intended to include within Heading 3925, HTSUSA, as builders' ware of plastics, not elsewhere specific or included.

HOLDING:

Based on the foregoing analysis and HRL 087277, it is the position of this office that the instant plastic soap and lotion dispensers are classified in subheading 3925.90.0000, HTSUSA, which provides for builders' ware of plastics, not elsewhere specified or included, and are subject to a rate of duty of 5.3 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division