CLA-2-84:OT:RR:NC:N1:106

Ms. Helga Arminak
1350 Mountain View Circle
Azusa, CA 91702

RE: The tariff classification of trigger sprayers.

Dear Ms. Arminak:

In your undated letter received on March 18, 2009 you requested a tariff classification ruling. Samples were included with your request.

The two items in question are similar trigger sprayers, models AAJ089306 and AAX01V909. The plastic devices are designed to be attached by a screw cap to a reservoir bottle of liquid when in use. Each has a plastic tube which is designed to extend into the liquid. When a trigger is pulled, each pull draws a quantity of liquid up through the tube and sprays it from the opening at the front by the use of a simple piston pump within the trigger’s housing. Model AAJ089306 was submitted with a square headed opening which allows for the spray to be closed off or for it to “spray” or “stream”. According to your website, several variations on this opening head are available to purchasers. This would not affect or change classification. Model AAX01V909 has a cylindrical head at the spray point which can be turned to close the spray or vary how fine the spray is projected. This model also features a plastic tip on the bottom of the tube that might filter larger particulates in the reservoir from entry into the tube.

The applicable subheading for the two trigger sprayers will be 8424.20.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mechanical appliances for …spraying liquids…: spray guns and similar appliances: simple piston pump sprays and powder bellows. The rate of duty will be 2.9 percent ad valorem.

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 Mark Palasek at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division