The tariff classification of a fine mist spray pump from China

N323312 December 28, 2021 CLA-2-:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8424.20.1000: 9903.88.03 Mark D. Grodsky President Hobe Labs 6479 S. Ash Avenue Tempe, Arizona 85283 RE: The tariff classification of a fine mist spray pump from China Dear Mr. Grodsky: In your letter dated December 20, 2021, you requested a tariff classification ruling. The item under consideration is described as a fine mist spray pump imported for use with an 8 oz plastic bottle. The separately provided bottle will be filled with hair and scalp solution (for treatment of Hair Follicle Stimulation) in the United States. The fine mist spray pump dispenses liquids and serves as the closure for the bottle with which it is used. The product is a simple piston-pump spraying appliance that operates through the repeated pumping action of the operator’s finger. Based on the information provided, the plastic sprayer is similar in form and function to the fine mist sprayer covered by New York Ruling Letter N007732 (dated March 22, 2007). The applicable subheading for the fine mist spray pump will be 8424.20.1000, 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: Spray guns and similar appliances: Simple piston pump sprays and powder bellows.” The rate of duty will be 2.9% ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.20.1000, 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 8424.20.1000, 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