2

NY J83155

May 1, 2003

CLA-2-84:RR:NC:1:102 J83155

CATEGORY: Classification

TARIFF NO.: 8414.59.6095

Mr. Daniel M. Auslin

Steiner Company, Inc.

1266 South Orchard Road

Aurora, IL 60506-5677

RE: The tariff classification of an air freshener dispenser from Taiwan

Dear Mr. Auslin:

In your letter dated March 28, 2003 you requested a tariff classification ruling on behalf of the Steiner Company. The article in question is described as the “Swiss Air II” air freshener dispenser.

The dispenser is a battery-operated fan within housing designed to incorporate a replaceable canister of air freshener. You indicate that the dispenser will be imported separately without a canister. While you suggest that the dispenser should be classified under subheading 3922.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “baths, shower baths… and similar sanitary ware, of plastics”, we find that the dispenser is essentially a fan that creates a flow of air in order to dispense the freshener. Fans are specifically provided for under HTSUS heading 8414. Descriptive literature was submitted.

The applicable subheading for the air freshener dispenser will be 8414.59.6095, HTSUS, which provides for other fans. The rate of duty will be 2.3 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