CLA-2-85:OT:RR:NC:N4:110
Mr. William G. Braier
Radix Group International
dba DHL Global Forwarding
6120 Ace Industrial Drive
Cudahy, WI 53110
RE: The tariff classification of a temperature adjustable mug from China
Dear Mr. Braier:
In your letter dated February 3, 2017, on behalf of Ember Technologies, Incorporated (“Ember”), you requested a tariff classification ruling. A sample was submitted with your ruling request and will be returned to you.
The product under consideration is identified as Ember temperature adjustable mug (Ember mug). The electrothermic domestic Ember mug uses a dual heating system to keeps the coffee at a desired pre-set temperature. The temperature of the coffee is measured in 8 different locations around the mug simultaneously. The mug has a small resistive heater and designed to maintain the coffee’s temperature. It is typically rated at 20 watts, which can be increased for a while to 40 watts when needed to compensate the difference between the actual and the set temperatures. The Ember mug is comprised of two units: 1). a mug measuring 8 inches tall by 3 1/8 inches in diameter at its widest point; and 2). a 4 by 5 inches rectangular charging coaster with a wall socket plug. The mug is made of plastic with stainless steel inner vessel having an insulation between the two layers. It is stated that the Ember mug has a chamber in the upper part of the stainless steel vessel containing Phase Changing Material (PCM). When very hot coffee is poured into the mug, the PCM melts and changes from solid to liquid allowing the coffee to cool down quickly. The lower part of the mug has a battery compartment. The bottom of the mug can rotate to adjust the temperature. The Ember mug is equipped with a Bluetooth Low Energy wireless personal area network technology that allows the user to communicate with the mug via a cell phone App. The App allows the user to remotely change the temperature, “name” of the mug, create presets, and choose notification preferences.
The applicable subheading for the Ember temperature adjustable mug (Ember mug), will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, “Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: Other.” The rate of duty will be 2.7 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Hope Abada at hope.abada.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division