The tariff classification of a personal mist sprayer from China. Correction to Ruling Number N041525.

N045196 November 25, 2008 CLA-2-84:OT:RR:NC:1:106 CATEGORY: Classification TARIFF NO.: 8424.89.0000 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a personal mist sprayer from China. Correction to Ruling Number N041525. Dear Ms Aldinger: This replaces Ruling Number N041525, dated October 30, 2008, which contained a typographical error. The incorrect HTSUS number was stated at the statistical level. A complete corrected ruling follows. In your letter dated October 7, 2008 you requested a tariff classification ruling. A sample of the item to be reviewed was included and has been retained by this office with your consent. The device is known as a “personal water mister”. The cylindrical mister measures approximately 8 inches in length and consists of 2 parts. The lower part is a clear plastic reservoir which the user is instructed to fill with water. The base of the reservoir is a round handle which the user pumps in and out to produce pressure within the reservoir. The top component is a cap which has a plastic tube extending into the reservoir when attached. The cap also has a button on the side which when depressed with the reservoir under pressure, allows water to go up through the plastic tube and be released through a pinhole at the top in a light spray. If the reservoir is not under pressure, the liquid will not be sprayed when the button is pressed. The applicable subheading for the “personal water mister’ will be 8424.89.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mechanical appliances for…spraying liquids…: other appliances: other. The rate of duty will be 1.8%. 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