J89906 J8 Ruling Active

The tariff classification of an air freshener dispenser from Taiwan

Issued October 28, 2003 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8509.80.0095

Headings: 8509

Product description

The merchandise is an air freshener dispenser with an automatic light sensor control. The dispenser uses two D cell batteries to operate a motor that drives a plastic fan blade. The fan circulates fragrance throughout the room. The air freshener solution will be purchased separately. You suggest classification of this product under HTS 8501.10.4060 as an electric motor. However, in our opinion, the air freshener dispenser is an appliance containing a motor, and not a motor in and of itself.

CBP rationale

The applicable subheading for the dispenser will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electro- mechanical domestic appliances, with self-contained electric motor, parts thereof, other appliances, other, other.

Full text

NY J89906 October 28, 2003 CLA-2-85:RR:NC:N1:113 J89906 CATEGORY: Classification TARIFF NO.: 8509.80.0095 Mr. Mitsuko Baker Air Fresh 505 South Ramona Avenue Indialantic, FL 32903 RE: The tariff classification of an air freshener dispenser from Taiwan Dear Mr. Baker: In your letter dated October 14, 2003, you requested a tariff classification ruling. The merchandise is an air freshener dispenser with an automatic light sensor control. The dispenser uses two D cell batteries to operate a motor that drives a plastic fan blade. The fan circulates fragrance throughout the room. The air freshener solution will be purchased separately. You suggest classification of this product under HTS 8501.10.4060 as an electric motor. However, in our opinion, the air freshener dispenser is an appliance containing a motor, and not a motor in and of itself. The applicable subheading for the dispenser will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electro- mechanical domestic appliances, with self-contained electric motor, parts thereof, other appliances, other, other. The rate of duty will be 4.2 percent ad valorem. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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