The tariff classification of the HT-91510 Hygiene Station Machine from China.

N307943 December 16, 2019 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8424.89.9000; 9903.88.02 Gregory Harris V. Alexander & Co. 22 Century Boulevard Nashville, TN 37214 RE: The tariff classification of the HT-91510 Hygiene Station Machine from China. Dear Mr. Harris: In your letter dated November 26, 2019, on behalf of your client, Mondi Bags USA, LLC, you requested a tariff classification ruling. The merchandise under consideration is the HT-91510 Hygiene Station Machine. The machine includes a hand washing station, hand dryer, hand disinfection station, and boot washing station. The hand washing station contains a soap dispenser, which detects when the user’s hands are present. The device will spray a preset amount of soap on the user’s hands (set between .03 seconds, 0.5 seconds, or 0.8 seconds). The disinfection station has a similar spraying device as the soap dispenser. The device detects if the user is present and then the disinfectant is sprayed on the user’s hands utilizing a low, medium and high setting amount. The hand dryer utilizes two slits each the width of the dryer. A “blade” of air quickly forces water off the hands. The boot washing station utilizes a sprayed mix of water and soap applied to the brushes. The HT-91510 Hygiene Station Machine utilizes two water inlets, one for hand washing and one for footwear washing. The machine can accept premixed warm water as determined by the location installing the machine. The HT-91510 Hygiene Station Machine is intended for indoor use at commercial facilities such as hospitals and laboratories. The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (“GRIs”), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. In the event that goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs will be applied, in the order of their appearance. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good. Pursuant to GRI 3(b), mixtures and composite goods that cannot be classified by reference to GRI 3(a) are classified as if they consisted of the material or component that gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. We determined that the subject device is a composite article. After considering all of the GRI3(b) factors, we have concluded that GRI 3(b) applies based upon the importance of the spraying components of the hand washing station, hand disinfection station, and boot washing station. The ability to spray soap, disinfectant, and water creates the ability to clean and sanitize the user imparts the essential character of the article. The applicable subheading for the HT-91510 Hygiene Station Machine will be 8424.89.9000, 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. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.89.9000, 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., 9903.88.02, in addition to subheading 8424.89.9000, 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 Jason.M.Christie@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division