Water Extraction >> Water Damage Has Been Done By Backup

According to Note 3 to Chapter 85, heading 8509, HTSUS, coversonly those electromechanical machines which are commonly used for domestic purposes. Likewise, EN85.09 explains that the heading covers domestic appliances normally used in the household.EN 85.09 provides in relevant part, Water Damage Has Been Done By Backup that:

This heading covers a number of domestic appliances in which an electric motor is incorporated. Theterm "domestic appliances" in this heading means appliances normally used in the household. Theseappliances are identifiable, according to type, Water Damage Has Been Done By Backup by one or more characteristic features such as overalldimensions, design, capacity, volume. 

The yardstick for judging these characteristics is that the appliances inquestion must not operate at a level in excess of household requirements.As the ENs to heading 8509, HTSUS, explain, Water Damage Has Been Done By Backup appliances of this heading must not operate at a level inexcess of household requirements. 

According to EN 85.09, this heading includes a group of articles whichare 20 kg (44lbs) or less, some of which are used for "floor scrubbing, scraping or scouring appliances, Water Damage Has Been Done By Backup and[are] appliances [used] for sucking up dirty water or soap suds after scrubbing."

By contrast, heading 8451, HTSUS, includes among other things, industrial/commercial grade carpet cleaningmachines. According to EN 84.51, heading 8451, HTSUS covers "[a]ppliances for cleaning carpets in situ,other than by the dry cleaning process, Water Damage Has Been Done By Backup designed for use in establishments (other than domestic premises)such as hotels, motels, hospitals, offices, restaurants and schools." 

In determining whether the Rug Doctor carpet cleaning machine is a domestic appliance versus anindustrial/commercial machine, we examine the characteristics, product specifications Water Damage Has Been Done By Backup and other featureswhich distinguish commercial grade carpet cleaning machines from those primarily used for domesticpurposes. 

According to our research, Water Damage Has Been Done By Backup commercial/industrial grade carpet cleaning machines have a pump pressure of 100 pounds per square inch (psi) to 500 psi, 10 to 17 gallon solution and recovery tank capacity,weigh approximately 100 to 150lbs, have dual two and three stage vacuum motors with a water lift capacity ranging between 150 to 210 inches. 

Moreover, commercial/industrial grade carpet cleaning machines mayhave 100 foot vacuum Water Damage Has Been Done By Backup and solution hoses, have an internal(water) heating element with temperature settingsup to 210º F and can cost between $1,500 and $4,500.

The features of the subject MP carpet cleaning machines, include a pump pressure between 28 psi and 32psi, solution tank capacity ranging between 2.6 gallons and 3.7 gallons, Water Damage Has Been Done By Backup recovery tank capacity ranging between 3.1 gallons and 4.8 gallons, 1.9 horse power vacuum motor with a water lift capacity of 101 inches.

The subject carpet cleaning machine does not have an internal heating element but instead utilizes hot tapwater from the consumer’s faucet. The Rug Doctor carpet cleaning machines are said to weigh between 36 and 44 lbs (16.4 kg and 20 kg), Water Damage Has Been Done By Backup have a 12 foot hose and cost approximately $699 to $865.

CBP finds that commercial/industrial grade machines are of the kind designed for use in hotels, restaurants,offices, schools, etc., and are dissimilar to the subject MP. As previously noted, Water Damage Has Been Done By Backup marketing informationprovided by the importer indicates that the subject merchandise is targeted for sale or rent to homeownersrather than professional cleaning services. 

Moreover, the MP is available at rental locations nationwide to thegeneral public for domestic use. Furthermore, Water Damage Has Been Done By Backup consumer testimonials and frequently asked questions postedon the Rug Doctor website are more reflective of household consumer use than that of professional carpetcleaning services. 

Finally, despite advertisement suggesting that the MP "cleans as well as or better than aprofessional," the subject merchandise is clearly designed for household use rather than for commercial use.Accordingly, Water Damage Has Been Done By Backup we find that the subject MP carpet cleaning machine is normally used in the household, i.e. it isdesigned for domestic use.

HOLDING: By application of GRI 1 and Note 3 to Chapter 85, the MP carpet cleaning machine is classified underheading 8509, Water Damage Has Been Done By Backup HTSUS. It is specifically provided for in subheading 8509.10.00.30, HTSUS, which providedfor: "Electromechanical domestic appliances, with self-contained electric motor; parts thereof: 

Vacuumcleaners, including dry and wet vacuum cleaners: Wet/dry type." The 2006 column one, generalrate of dutywas Free.Since reclassification of the merchandise as indicated above would result in a lower duty rate, Water Damage Has Been Done By Backup you areinstructed to ALLOW the protest In Full. In accordance with Sections IV and VI of the CBP Protest/Petition 

Processing Handbook (HB 3500-08A, December 2007, pp. 24 and 26), you are to mail this decision,together with the CBP Form 19, to the Water Damage Has Been Done By Backup protestant no later than 60 days from the date of this letter.

No later than 60 days from the date of this letter, the Office of International Trade, Regulations and Rulings,will make the decision available to CBP personnel, Water Damage Has Been Done By Backup and to the public on the CBP homepage on the World Wide Web at www.cbp.gov, by means of the Freedom of Information Act, and other methods of publicdistribution.

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