The tariff classification of the Deluxe Spray NoBark Collar set from France

N267822 September 11, 2015 CLA-2-84:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 8424.89.0000 Laetitia Auzone Eyenimal Inc. 60 Broad Street, Suite 3502 NY, NY 10004 RE: The tariff classification of the Deluxe Spray NoBark Collar set from France Dear Ms. Auzone: In your letter, received in this office on August 20, 2015, requesting a tariff classification ruling. Representative samples were submitted with your request. The item under consideration is the Deluxe Spray NoBark Collar set. Imported in retail packaging, this set contains a pre-filled spraying unit equipped with a nylon strap, a 3.6 volt lithium battery, a 2.53 fluid ounce refill spray can and a user’s guide. When barking is detected via the unit’s internal microphone, a spraying valve is triggered and a mist of spray is released in the direction of the dog’s snout. You state that this is an unpleasant, yet harmless, way of teaching a dog to stop barking. The spraying unit comes in either black or white and the spray refills are available in lemon citronella, lavender or unscented. The set, as described above, constitutes "goods put up in sets for retail sale" according to General Rule of Interpretation “GRI” 3(b). GRI 3(b) provides, in relevant part, that such sets are classified by the component that imparts the essential character of the set. It is the opinion of this office that the essential character is imparted by the spray collar. The applicable subheading for the Deluxe Spray NoBark Collar set will be 8424.89.0000, 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: Other appliances: Other. The general rate of duty will be 1.8 percent ad valorem. 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/. Your product may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. Information on the TSCA can be obtained by calling the TSCA Assistance Line at (202) 554-1404 or by e-mail to: tsca-hotline@epa.gov. You also requested the classification of the spray refill cans when imported separately. However, we need additional information in order to issue a ruling. Along with a sample of each of the three scents, please provide a complete chemical breakdown by percentage of weight (totaling 100%) for each. Provide the chemical name, structure, and CAS number for each of the components. 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 April Cutuli at april.a.cutuli@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division