You state that heading 8509, HTSUS, is not specific to the Wet Jet because the Wet Jet is not powered by the electric motor. These appliances are identifiable, according to type, by one or more characteristic features such as overall dimensions, design, capacity, volume.... The Wet Jet is imported unassembled in three basic pieces: the bottom section consists of the cleaning head with the sprayer nozzle mounted on top, an attached cartridge housing for the liquid soap, a battery-operated motor and the fluid-delivery system which includes a positive displacement gear pump; the middle pole section contains the electrical wiring; and the top pole section has the handle, the push-button for the sprayer and the electrical wiring... Your alternative claim is that the Wet Jet is classified in subheading 9603. You claim that, pursuant to GRI 3(b), the essential character of the Wet Jet is imparted by the sprayer. There is no evidence to suggest or establish that the Wet Jet is a floor polisher. ISSUE: What is the classification under the HTSUS of the Swiffer Wet Jet™? 09 provides in pertinent part: "This heading covers a number of domestic appliances in which an electric motor is incorporated. ] The Wet Jet does not meet the terms of heading 9603, HTSUS, in that it is not a broom, brush, non-motorized floor sweeper, or any of the other goods enumerated in that heading. 9603 Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized; mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squegees): 9603.
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Emphasis in original. ] The Wet Jet is a manual floor cleaning tool with an internal motorized sprayer. CLA-2 RR:CR:GC 965440 GOB. LAW AND ANALYSIS: Classification under the HTSUS is made in accordance with the General Rules of Interpretation ("GRI's"). 1 Home Improvement Retailer. FACTS: The goods are described as follows in your letter: The Swiffer Wet Jet™ ("Wet Jet") is a manual floor-cleaning tool with an internal hand-operated sprayer for wet cleaning hard surface floors. You assert that headings 8424 and 9603, HTSUS, are equally specific and classification is not resolved at GRI 3(a).
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This group includes, inter alia: (1) Floor scrubbing, scraping, or scouring appliances, and appliances for sucking up dirty water or soap suds after scrubbing. Checking your browser before accessing This one-time process is automatic. Bade: This is in reply to your letter of January 2, 2002, to the National Commodity Specialist Division, New York, on behalf of The Procter & Gamble Manufacturing Company ("Procter & Gamble"), requesting a ruling with respect to the classification, under the Harmonized Tariff Schedule of the United States ("HTSUS"), of the Swiffer Wet Jet™ ("Swiffer Wet Jet" or "Wet Jet"). 200 West Madison Street. This store requires JavaScript. One pad has the capacity to clean two large rooms. The three pieces snap together for ease of assembly by the ultimate consumer... [T]he liquid soap and cleaning cloths are not imported, but packaged together with the unit in the United States. Without the thick absorbent cleaning pad, the hard plastic surface and Velcro strips would scratch the floor surface.
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Triple-layer pads trap and absorb dirt off your hard floors. While neither legally binding nor dispositive, the EN's provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. The HTSUS provisions under consideration are as follows: 8424 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; 8424. The Wet Jet meets the terms of the heading text of heading 8509, HTSUS, and is fully and specifically described therein. The Wet Jet is described as a manual floor cleaning tool in your letter and in material found on Procter & Gamble's Internet site. The Wet Jet is based on the concept of the original Swiffer sweeper, but has several unique features including the motorized sprayer and cartridge holder for liquid soap. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.
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00, HTSUS, as: "Electromechanical domestic appliances, with self-contained electric motor... :... Other appliances. 24 does not support classification in heading 8424, HTSUS, in that the Wet Jet is not similar to the articles described in the EN. It is important to note that the motor is only a part of the sprayer unit and does not motorize the cleaning head; the unit is still manually propelled. Please enable JavaScript on your browser to proceed. Sandler, Travis & Rosenberg LLC. The Harmonized Commodity Description and Coding System Explanatory Notes ("EN's") constitute the official interpretation of the Harmonized System at the international level. Sincerely, Myles B. Harmon, Acting Director. WetJet Heavy Duty Wet Refills (14-Count). You claim that because the Wet Jet is prima facie classifiable under two or more headings (i. e., headings 8424, 8509, and 9603), GRI 3 is applicable. Accordingly, at GRI 1 and at GRI 2(a) (because the Wet Jet is imported unassembled), we find that the Wet Jet is described only by heading 8509, HTSUS.
The Wet Jet is electromechanical; it is a domestic appliance; it has a self-contained electric motor; and it weighs less than 20 kilograms (see Chapter 85, Note 3 and EN 85. 80, HTSUS, pursuant to GRI 3(c). It shall also include a reference to that article incomplete or finished (or failing to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled. Reinforced powerful scrubbing strip to tackle tough stains. The question remains whether the Wet Jet is classified in subheading 8509. It is an electromechanical domestic appliance which has a self-contained electric motor.
Commercial Rulings Division. 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. You do not claim classification in subheading 8509. GRI 2(a) provides as follows: Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. 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. 8509 Electromechanical domestic appliances, with self-contained electric motor; parts thereof: 8509.