CLA-2 CO:R:C:M 088350 JMH
Peter N. Borys, Jr., Esq.
General Manager & General Counsel
PNB Trading, Inc.
100 Stuyvesant Rd.
Pittsford, NY 14534
RE: Automatic soap dispenser with infrared sensor; electrical
machine not specifically provided for
Dear Mr. Borys:
Your November 21, 1990, request for a classification ruling
on certain infrared controlled automatic soap dispensers has been
referred to this office for a reply.
FACTS:
The article in question is an infrared controlled automatic
soap dispenser. The soap dispenser is manufactured in Taiwan
and is available in two models: ASD 100 which is equipped with
an electrical adapter and ASD 200 which is battery operated. The
dispenser's dimensions are 3 3/4" W x 7 3/4" H x 5 1/2" D. The
dispenser has a 32 ounce capacity. The literature states that
the dispensers are suitable for hospitals, hotels, restaurants,
public facilities, offices and homes.
Soap is dispensed by the machine in question when the
infrared sensor detects a presence. A hand or other item is
detected when it is 6cm to 13cm from the sensor. The dispenser
can be adjusted to release one to five drops of soap for each
presence felt by the infrared sensor, and will dispense 1250 to
2000 drops depending on liquid viscosity.
Both models of soap dispensers are easily mounted on a flat
surface. The model 100 automatic soap dispenser connects to a
regular electrical outlet. The battery operated model 200 holds
seven size "C" batteries. Model 200 has a battery replacement
alert indicator.
-2-
ISSUE:
What is the appropriate classification for the models 100
and 200 infrared controlled automatic soap dispensers?
LAW AND ANALYSIS:
The classification of merchandise under the Harmonized
Tariff Schedule United States America ("HTSUSA") is governed by
the General Rules of Interpretation ("GRIs"). GRI 1, HTSUSA,
states in part that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes..." There are two headings in
which the automatic soap dispenser may be classified. These
headings describe the following:
8509 Electromechanical domestic appliances, with
self contained electric motor; parts
thereof...
* * * * * * * * * * * * *
8543 Electrical machines, and apparatus, having
individuals functions, not specified or
included elsewhere in this chapter; parts
thereof...
Heading 8509 provides for domestic appliances. The term
"domestic" refers to the home. Thus, heading 8509 describes
electromechanical appliances used primarily in the home. The
subject soap dispensers are primarily designed for use in public
locations or places where cleanliness and sterility is a concern
because of the wide variety of individuals using the facility.
Therefore, since the dispensers are not primarily domestic
appliances they do not meet the terms of heading 8509 in
accordance with GRI 1.
It is the opinion of this office that the automatic soap
dispensers in question meet the terms of heading 8543. The
dispensers are electrical machines and they are not described in
any other heading of the tariff. Thus, in accord with GRI,
heading 8543 provides for the infrared controlled soap
dispensers. The appropriate classification for the soap
dispensers is subheading 8543.80.90, HTSUSA, as "Electrical
machines, and apparatus, having individuals functions, not
specified or included elsewhere in this chapter; parts
thereof...Other...Other..."
-3-
HOLDING:
The infrared controlled automatic soap dispensers meet the
terms of heading 8543, in accordance with GRI 1. The appropriate
classification for the soap dispensers is subheading 8543.80.90,
HTSUSA, as "Electrical machines, and apparatus, having
individuals functions, not specified or included elsewhere in
this chapter; parts thereof...Other...Other..."
Sincerely,
John Durant, Director
Commercial Rulings Division