The tariff classification of “SaniStation” units, and replacement kits consisting of brushes and squeegees, and a pizza wiper (squeegee), from China.

N275591 July 6, 2016 CLA-2-96:OT:RR:NC:N4:234 CATEGORY: Classification TARIFF NO.: 9603.90.8050 David George Barlow President Dr. John’s Labs PO Box 4838 370 South King Street Jackson, WY 83001 RE: The tariff classification of “SaniStation” units, and replacement kits consisting of brushes and squeegees, and a pizza wiper (squeegee), from China. Dear Mr. Barlow: In your letter to the National Commodity Specialist Division received May 9, 2016, you requested a tariff classification ruling. Descriptive and illustrative literature were provided. The merchandise concerned is identified as the “SaniStation Complete Unit.” There are four counter mounted units and one hanging mounted unit, each of which is individually referenced as the SaniStation Complete Unit. The four counter mounted units and one hanging unit are complete, individual systems used in the food service industry to keep [serving utensils] clean and sanitized in-between uses. Knives, serving spoons, tongs, pizza cutters, etc. can be cleaned and sanitized between orders. The SaniStation Complete Unit helps eliminate cross-contamination and co-mingling of food flavors by means of a sanitizing solution that is used in water, along with brushes and squeegees that clean off food debris, thereby ensuring that utensils are properly sanitized. The sanitizing solution is an NSF listed D2 sanitizer not requiring a rinse. The user simply takes the dirty or contaminated utensils (chef's knife, serving spoon, tongs, and pizza cutters) and manually cleans it in SaniStation system. After sanitizing the utensils in the SaniStation system, the utensils can be run across the drying squeegee and placed in the drying basket, where utensils can be stored safely and ready for the next use. [CS5] is a 5-inch counter stand SaniStation, [CS7] is a 7-inch counter stand SaniStation, [CS9] is a 9-inch counter stand SaniStation and [CS11] is an 11-inch counter stand SaniStation, and SUB is a hanging SaniStation. Per illustrative literature, each SaniStation Complete Unit, with the exception of the [SUB] hanging model, consists of one counter mounted unit having a metal frame, with one cleaner/sanitizer container (sani-pan) with brushes and squeegees, one insert sani-pan lid holding the brushes, one drying basket with drain shelf, one tub of SaniStation sanitizer tablets and one container of chlorine test strips, all of which work together forming the SaniStation system. The SUB hanging SaniStation Complete Unit, consists essentially of the same make-up as the counter mounted unit: metal frame, sani-pan with brushes and squeegees, insert sani-pan lid holding brushes, and drying basket. For purposes of this ruling, one tub of SaniStation sanitizer tablets and one container of chlorine test strips are also included in the SUB hanging model. The replacement kits for the [CS] models consist of four brushes with blocks made from ABS (plastic) and filaments made from Polypropylene, and three squeegees made of Polyurethane. The replacement kit for the [SUB] hanging model consists of two brushes with blocks made from ABS and filaments made from Polypropylene, and three squeegees made of Polyurethane. The [Pizza Wiper] is a squeegee type device made from Polyurethane. Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The General Rules of Interpretation (GRIs) to the HTSUS provide at GRI 3 (b) that “Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their [essential character], insofar as this criterion is applicable.” These same “Rules” provide at GRI 3 (c) that “When goods cannot be classified by reference to 3 (a) or 3 (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.” When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. CBP believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). The EN to the HTSUS, General Rules of Interpretation, at GRI 3 (b), X, provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable as “sets” under GRI 3 (b) of the HTSUS are classified as if they consisted of the component or components taken together, which can be regarded as conferring on the set as a whole its essential character – see EN X to the General Rules of Interpretation. In this case, each SaniStation Complete Unit is a complete system used in the food service industry, from the metal frame to the sani-pan to the drying basket to the insert that holds the brushes, and to the brushes and squeegees; all are required to properly sanitize utensils. The one tub of SaniStation sanitizer tablets, although necessary for the cleaning and sanitizing of utensils, is not put up together in a composite form as is the rest of the system, and therefore will not be considered as a factor in the essential character analysis. The chlorine test strips, are incidental to the system, and also will not be considered as a factor in the essential character analysis. We recognize the composite nature of each SaniStation Complete Unit, yet each “complete unit,” when packaged for retail sale without being repacked, is also a set for tariff purposes, because the pieces that comprise the set are classified in two or more headings of the HTSUS and are all put up together for purposes of sanitizing utensils. Upon inspection of the pieces that form the set, both counter mounted and hanging, as depicted in photos, we come to the conclusion that all of the pieces, except the sanitizer tablets and chlorine test strips, are needed to form the complete system with no piece or pieces defining its essential character. Consequently, the brushes and squeegees fall last numerically in the HTSUS, and as such the merchandise concerned is classified in heading 9603, HTSUS. Additionally, we find that the replacement kits for the CS models and replacement kit for SUB model, and pizza wiper (squeegee), to be classified in heading 9603, HTSUS. In the event that the SaniStation Complete Unit is not packaged for retail sale, but rather bulk shipped, all of the pieces are separately classifiable under the HTSUS. The applicable subheading for the SaniStation Complete Unit, when packaged for retail sale, and replacement kits for the CS models and replacement kit for the SUB model, and the pizza wiper (squeegee), will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Brooms, brushes…: Other: Other, Other. The rate of duty will be 2.8% 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 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 Neil H. Levy at neil.h.levy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division