CLA-2-85:OT:RR:NC:N4:410
Ms. Judy Sucharitakul
Perryman, Mojonier Company
9710 S. La Cienega Blvd.
Inglewood, CA 90301
RE: The tariff classification of an electric facial cleansing device from China
Dear Ms. Sucharitakul:
In your letter dated August 1, 2018, you requested a tariff classification and a country of origin marking ruling. A sample was submitted with your ruling request and will be returned to you.
The merchandise under consideration is identified as the LUNA fofo. The device is a battery powered hand-held facial cleansing brush designed for cleaning and exfoliating the skin. The device has a self-contained electric motor enclosed in a plastic housing equipped with a control switch. The LUNA fofo is oval shaped and measures approximately 0.75 inches by 2.3 inches by 2.5 inches at its widest points. The brush is made of plush silicone bristles of various lengths and patterns. The device will be imported with a USB charging cable packaged together in a retail-ready clear plastic box.
The applicable subheading for the LUNA fofo will be 8509.80.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, other. The rate of duty will be 4.2 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 http://www.usitc.gov/tata/hts/.
In addition to the classification request, you have also inquired as to the acceptability of your proposed country of origin marking. The imported LUNA fofo is made in China, where it is packaged in a disposable clear plastic box ready for sale in the U.S. Clearly, the item is designed to be sold to the ultimate purchaser in the clear plastic box. The front of the box displays the LUNA fofo resting on top of a cardboard box that contains a USB charging cable. On the bottom and the side of the device, there is a cardboard with printed company’s name and the product’s information on it.
The back of the box is printed with the FOREO brand name followed by the product name and benefits of using this product in six different languages. The bottom right corner of the box displays five icons along with the copyright information in upper case, the European distributor’s name and full address in upper case – “EU DISTR.: FOREO AB, BIRGER JARLSGATAN 22, 114 34 STOCKHOLM, SWEDEN”, the United States distributor’s name and full address in upper case – “US DISTR.: FOREO INC., 3565 S. LAS VEGAS BLVD. #159, LAS VEGAS, NV 89109, USA”, “DESIGNED AND DEVELOPED BY FOREO SWEDEN”, “MANUFACTURED FOR FOREO AB” and the FOREO’s website address.
The opening between the front and the bottom of the clear plastic box is sealed with a paper sticker printed with the following: “LUNA fofo Fuchsia”, a barcode, “Made in China”, five icons (CE, disposal information, recycle etc.) and FCC ID, and the company’s name FOREO, address ending with the country name “SWEDEN” in upper case. The “Made in China” appears to be in the same letter size and in close proximity to the country name “SWEDEN”.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Section 134.46, Customs Regulations (19 CFR 134.46), contains more restrictive marking requirements designed to alleviate the possibility of misleading an ultimate purchaser with regard to the country of origin of an imported article. Specifically, 19 CFR 134.46 requires that, in instances where the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears.
In this case, we find that the company’s address ending with the country’s name “SWEDEN” on the paper sticker placed on the bottom of the clear plastic box trigger the special marking requirements of 19 CFR 134.46. However, the country of origin marking phrase "Made in China" is in close proximity to the country name “SWEDEN”and in a comparable size, is legible and permanent, and is easily found and read without strain. Therefore, the country of origin marking in the paper sticker on the retail box satisfies the marking requirement of 19 CFR 134.46.
In contrast, the phrase on the back of the retail box “DESIGNED AND DEVELOPED FOR FOREO SWEDEN” and the U.S. and Swedish addresses including the country names are potentially misleading with regard to the product's country of origin, thus triggering the applicability of 19 CFR 134.46. However, the country of origin marking (“Made in China”) is not shown on this side of the box.
We are of the opinion that the submitted sample does not satisfy the requirements of 19 CFR 134 and 19 U.S.C. 1304.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division