CLA-2 RR:CR:GC 965440 GOB
Donna L. Bade
Sandler, Travis & Rosenberg LLC
200 West Madison Street
Suite 2670
Chicago, IL 60606
RE: Swiffer Wet Jet™
Dear Ms. 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”).
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. 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. 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 . . .
The sprayer components are incorporated into all three segments of the Wet Jet unit to form a complete hand-operated spraying appliance. 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. The base of the cleaner head on the Wet Jet is hard plastic with two rough textured Velcro strips for attaching the cleaning pads. Without the thick absorbent cleaning pad, the hard plastic surface and Velcro strips would scratch the floor surface. 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.
ISSUE:
What is the classification under the HTSUS of the Swiffer Wet Jet™?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). 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 GRI’s may then be applied.
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. 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.
GRI 3 provides as follows:
When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:
The heading which provides the most specific description shall be preferred to headings providing a more general description. 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.
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.
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.
The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. 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. See T.D. 89-80.
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;
8424.89 Other:
8424.89.70 Other
* * * * * *
8509 Electromechanical domestic appliances, with self-contained electric motor; parts thereof:
8509.20.00 Floor polishers
8509.80.00 Other appliances
* * * * * *
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):
9603.90 Other:
9603.90.80 Other
Note 3 to Chapter 85, HTSUS, provides in pertinent part as follows:
Heading 8509 covers only the following electromechanical machines of the kind commonly used for domestic purposes:
(a) Vacuum cleaners, including dry and wet vacuum cleaners, floor polishers, food grinders, processors or mixers, and fruit or vegetable juice extractors, of any weight;
(b) Other machines provided the weight of such machines does not exceed 20 kg, exclusive of extra interchangeable parts or detachable auxiliary devices.
EN 85.09 provides in pertinent part as follows:
This heading covers a number of domestic appliances in which an electric motor is incorporated. The term “domestic appliances” in this heading means appliances normally used in the household. These appliances are identifiable, according to type, by one or more characteristic features such as overall dimensions, design, capacity, volume.
. . .
The appliances of this heading are of two groups (see Chapter Note 3):
(A) A limited class of articles classified here irrespective of their weight.
. . .
(B) A non-limited class of articles classified in this heading provided their weight is 20 kg or less.
This group includes, inter alia:
(1) Floor scrubbing, scraping, or scouring appliances, and appliances for sucking up dirty water or soap suds after scrubbing.
[All emphasis in original.]
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. You state that heading 8509, HTSUS, is not specific to the Wet Jet because the Wet Jet is not powered by the electric motor. You assert that headings 8424 and 9603, HTSUS, are equally specific and classification is not resolved at GRI 3(a). You claim that, pursuant to GRI 3(b), the essential character of the Wet Jet is imparted by the sprayer. Therefore, you state that the Wet Jet is provided for in heading 8424, HTSUS. Your alternative claim is that the Wet Jet is classified in subheading 9603.90.80, HTSUS, pursuant to GRI 3(c).
The Wet Jet meets the terms of the heading text of heading 8509, HTSUS, and is fully and specifically described therein. It is an electromechanical domestic appliance which has a self-contained electric motor. EN 85.09 acts to confirm that the Wet Jet is described in heading 8509, HTSUS, in that it provides that heading 8509, HTSUS, “covers a number of domestic appliances in which an electric motor is incorporated.” [Emphasis in original.] With respect to your claim that heading 8509 is not specific to the Wet Jet because it is not powered by an electric motor, there is no such requirement in either the heading text or EN. EN 85.09 provides in pertinent part: “This heading covers a number of domestic appliances in which an electric motor is incorporated.” [Emphasis in original.] 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 85.90, excerpted above).
The Wet Jet does not meet the terms of heading 8424, HTSUS, in that it is not a mechanical device for projecting, dispersing, or spraying liquids or powders. The Wet Jet is a manual floor cleaning tool with an internal motorized sprayer. EN 84.24 does not support classification in heading 8424, HTSUS, in that the Wet Jet is not similar to the articles described in the EN.
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.
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 question remains whether the Wet Jet is classified in subheading 8509.20.00, HTSUS, as a floor polisher, or in subheading 8509.80.00, HTSUS, as an other appliance. You do not claim classification in subheading 8509.20.0, HTSUS. The Wet Jet is described as a manual floor cleaning tool in your letter and in material found on Procter & Gamble’s Internet site. There is no evidence to suggest or establish that the Wet Jet is a floor polisher. Accordingly, we find that the Wet Jet is classified in subheading 8509.80.00, HTSUS, as: “Electromechanical domestic appliances, with self-contained electric motor . . . : . . . Other appliances.”.
HOLDING:
At GRI 1 and GRI 2(a), the Swiffer Wet Jet™ is classified in subheading 8509.80.00, HTSUS, as: “Electromechanical domestic appliances, with self-contained electric motor . . . : . . . Other appliances.”.
Sincerely,
Myles B. Harmon, Acting Director
Commercial Rulings Division