CLA-2-84:OT:RR:NC:N1:105
Joseph J. Kenny
Geodis USA Inc.
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of a Touchless Sanitizer and Soap Dispenser from China
Dear Mr. Kenny:
In your letter dated September 15, 2020, on behalf of your client, CVS Pharmacy Inc., you requested a tariff classification ruling.
The product under consideration is described as a Touchless Sanitizer and Soap Dispenser (item number 367228). The device is powered by four AAA batteries and has a stainless steel body, an LED infrared sensor, an electric pump, and a nozzle that features three adjustable dispensing volumes. Prior to use, the user will fill liquid soap or sanitizer (sold separately) into the 220ml reservoir contained in the stainless steel body. In operation, the device will detect that a hand has been placed in front of the infrared sensor, which triggers the pump to dispense the liquid from the nozzle without the user making contact with the device. The device is designed for household use in rooms such as kitchens and bathrooms.
The applicable subheading for the Touchless Sanitizer and Soap Dispenser (item number 367228) will be 8424.89.9000, Harmonized Tariff Schedule of the United States (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: Other appliances: Other. The general rate of duty will be 1.8% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.89.9000, 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., 9903.88.02, in addition to subheading 8424.89.9000, 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