CLA-2-85:OT:RR:NC:N1:113

Ms. Janet Pendris
Hampton Direct, Inc.
291 Hurricane Lane
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a nail polish remover appliance from China

Dear Ms. Pendris:

In your letter dated September 29, 2009, you requested a tariff classification ruling. The sample you submitted will be returned to you as requested.

The merchandise is a battery-operated automatic nail polish remover appliance (item number 75010). The appliance has a plastic body that incorporates a self-contained motor and a reservoir for liquid nail polish remover. To operate, one unscrews the cap, pours liquid nail polish remover inside the reservoir, turns on the switch to one of two speeds and inserts a finger. Rotating plastic brushes apply the nail polish remover to the nail to remove the nail polish. Two required AA batteries and the nail polish remover solution are not included.

The applicable subheading for the nail polish remover appliance 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 than vacuum cleaners of heading 8508…other appliances, other, 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/.

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 Ann Taub at (646) 733-3018.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division