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Please enable JavaScript on your browser to proceed. Your alternative claim is that the Wet Jet is classified in subheading 9603. You do not claim classification in subheading 8509. 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. RE: Swiffer Wet Jet™. Sincerely, Myles B. Harmon, Acting Director. The question remains whether the Wet Jet is classified in subheading 8509. 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. 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. LAW AND ANALYSIS: Classification under the HTSUS is made in accordance with the General Rules of Interpretation ("GRI's"). One pad has the capacity to clean two large rooms.
The Wet Jet meets the terms of the heading text of heading 8509, HTSUS, and is fully and specifically described therein. 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. These appliances are identifiable, according to type, by one or more characteristic features such as overall dimensions, design, capacity, volume.... This group includes, inter alia: (1) Floor scrubbing, scraping, or scouring appliances, and appliances for sucking up dirty water or soap suds after scrubbing. 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"). The term "domestic appliances" in this heading means appliances normally used in the household. CLA-2 RR:CR:GC 965440 GOB. Emphasis in original. ] Therefore, you state that the Wet Jet is provided for in heading 8424, HTSUS.
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 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. The Wet Jet is a manual floor cleaning tool with an internal motorized sprayer. 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. 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. WetJet Heavy Duty Wet Refills (14-Count). 00, HTSUS, as an other appliance.
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. 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. 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. 8509 Electromechanical domestic appliances, with self-contained electric motor; parts thereof: 8509. 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. 90, excerpted above). Triple-layer pads trap and absorb dirt off your hard floors. 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.
The base of the cleaner head on the Wet Jet is hard plastic with two rough textured Velcro strips for attaching the cleaning pads. 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. 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. 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. 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 sprayer components are incorporated into all three segments of the Wet Jet unit to form a complete hand-operated spraying appliance. 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. This store requires JavaScript. 1 Home Improvement Retailer. 200 West Madison Street.
24 does not support classification in heading 8424, HTSUS, in that the Wet Jet is not similar to the articles described in the EN. 00, HTSUS, as: "Electromechanical domestic appliances, with self-contained electric motor... :... Other appliances. Without the thick absorbent cleaning pad, the hard plastic surface and Velcro strips would scratch the floor surface. 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. 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. " You claim that, pursuant to GRI 3(b), the essential character of the Wet Jet is imparted by the sprayer. The Harmonized Commodity Description and Coding System Explanatory Notes ("EN's") constitute the official interpretation of the Harmonized System at the international level. 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. 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. Checking your browser before accessing This one-time process is automatic. 09 provides in pertinent part: "This heading covers a number of domestic appliances in which an electric motor is incorporated. ] 00 Other appliances. Commercial Rulings Division. Your browser will redirect to your requested content shortly... 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. You assert that headings 8424 and 9603, HTSUS, are equally specific and classification is not resolved at GRI 3(a).
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