The tariff classification of an air freshener fan and refill cartridge from China or Mexico

NY J89050 November 7, 2003 CLA-2-84:RR:NC:1:102 J89050 CATEGORY: Classification TARIFF NO.: 8414.59.6090, 8414.90.1080 Mr. Pete Mento ExpeditorsTradewin, LLC 1015 Third Avenue, 12th Floor Seattle, WA 98104 RE: The tariff classification of an air freshener fan and refill cartridge from China or Mexico Dear Mr. Mento: In your letter dated October 10, 2003 you requested a tariff classification ruling on behalf of your client Reckitt Benckiser. The articles in question are described as a battery-powered air freshener fan used to disperse fragrance and a refill cartridge that contains either water-based or scented oil fragrance. The air freshener is comprised of an axial fan mounted within a decorative housing. The refill cartridge, which also incorporates two batteries, is designed to snap into the plastic fan housing and completes the air freshener. You indicate that the refill cartridges will be imported separately as a replacement part. A sample and descriptive information was submitted. The applicable subheading for the complete air freshener, i.e., the fan assembly together with a refill cartridge, will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The general rate of duty will be 2.3 percent ad valorem. The applicable subheading for the refill cartridge, when presented separately, will be 8414.90.1080, HTSUS, which provides for other parts of fans. The general rate of duty will be 4.7 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 Kenneth T. Brock at 646-733-3009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division