CLA-2-84:OT:RR:NC:N1:105
Thomas M. Dieckilman
Beauty Bath LLC
7829 Quebrada Circle
Carlsbad, California 92009
RE: The tariff classification of a battery-operated spray bottle from China
Dear Mr. Dieckilman:
In your letter dated May 18, 2022, you requested a tariff classification ruling. Descriptive information was provided with your request.
The item under consideration is described as a battery-operated spray bottle containing a spray nozzle, a reservoir for holding the liquid, and a hose to transfer the liquid from the bottle to the handle. The spray handle operates using 3-volt DC or a rechargeable battery that is charged with the included USB cable. The reservoir has a 500 ml capacity and has a 7-volt DC warming circuit, which is also rechargeable by USB cable. To assemble, the user connects the hose to male barb fittings on each end and then screws the reservoir into the handle. The product is designed to spray liquid soap to wash bed ridden patients in nursing homes and during home care.
We find the battery-operated spray bottle to be functionally similar to the battery powered “Febreze” Power Sprayer in NY H86230 (dated December 19, 2001), which CBP classified under subheading 8424.20.9000, Harmonized Tariff Schedule of the United States (HTSUS).
Accordingly, the applicable subheading for the battery-operated spray bottle will be 8424.20.9000, HTSUS, which provides for “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Spray guns and similar appliances: Other.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.20.9000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8424.20.9000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division