Automatic soap dispenser with infrared sensor; electrical machine not specifically provided for

HQ 088350 February 11, 1991 CLA-2 CO:R:C:M 088350 JMH CATEGORY: Classification TARIFF NO.: 8543.80.90 Peter N. Borys, Jr., Esq. General Manager & General Counsel PNB Trading, Inc. 100 Stuyvesant Rd. Pittsford, NY 14534 RE: Automatic soap dispenser with infrared sensor; electrical machine not specifically provided for Dear Mr. Borys: Your November 21, 1990, request for a classification ruling on certain infrared controlled automatic soap dispensers has been referred to this office for a reply. FACTS: The article in question is an infrared controlled automatic soap dispenser. The soap dispenser is manufactured in Taiwan and is available in two models: ASD 100 which is equipped with an electrical adapter and ASD 200 which is battery operated. The dispenser's dimensions are 3 3/4" W x 7 3/4" H x 5 1/2" D. The dispenser has a 32 ounce capacity. The literature states that the dispensers are suitable for hospitals, hotels, restaurants, public facilities, offices and homes. Soap is dispensed by the machine in question when the infrared sensor detects a presence. A hand or other item is detected when it is 6cm to 13cm from the sensor. The dispenser can be adjusted to release one to five drops of soap for each presence felt by the infrared sensor, and will dispense 1250 to 2000 drops depending on liquid viscosity. Both models of soap dispensers are easily mounted on a flat surface. The model 100 automatic soap dispenser connects to a regular electrical outlet. The battery operated model 200 holds seven size "C" batteries. Model 200 has a battery replacement alert indicator. -2- ISSUE: What is the appropriate classification for the models 100 and 200 infrared controlled automatic soap dispensers? LAW AND ANALYSIS: The classification of merchandise under the Harmonized Tariff Schedule United States America ("HTSUSA") is governed by the General Rules of Interpretation ("GRIs"). GRI 1, HTSUSA, 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..." There are two headings in which the automatic soap dispenser may be classified. These headings describe the following: 8509 Electromechanical domestic appliances, with self contained electric motor; parts thereof... * * * * * * * * * * * * * 8543 Electrical machines, and apparatus, having individuals functions, not specified or included elsewhere in this chapter; parts thereof... Heading 8509 provides for domestic appliances. The term "domestic" refers to the home. Thus, heading 8509 describes electromechanical appliances used primarily in the home. The subject soap dispensers are primarily designed for use in public locations or places where cleanliness and sterility is a concern because of the wide variety of individuals using the facility. Therefore, since the dispensers are not primarily domestic appliances they do not meet the terms of heading 8509 in accordance with GRI 1. It is the opinion of this office that the automatic soap dispensers in question meet the terms of heading 8543. The dispensers are electrical machines and they are not described in any other heading of the tariff. Thus, in accord with GRI, heading 8543 provides for the infrared controlled soap dispensers. The appropriate classification for the soap dispensers is subheading 8543.80.90, HTSUSA, as "Electrical machines, and apparatus, having individuals functions, not specified or included elsewhere in this chapter; parts thereof...Other...Other..." -3- HOLDING: The infrared controlled automatic soap dispensers meet the terms of heading 8543, in accordance with GRI 1. The appropriate classification for the soap dispensers is subheading 8543.80.90, HTSUSA, as "Electrical machines, and apparatus, having individuals functions, not specified or included elsewhere in this chapter; parts thereof...Other...Other..." Sincerely, John Durant, Director Commercial Rulings Division