CLA-2-85:OT:RR:NC:N4:110
Mr. Diogo Myrrha
Luvaire
210 W 520 N
Orem, UT 84604
RE: The tariff classification of essential oil diffusers from China
Dear Mr. Myrrha:
In your letter dated January 8, 2015, you requested a tariff classification ruling. A representative sample of the Motif, SKU number DF1004-WT-US was submitted with your letter and will be returned to you.
The merchandise under consideration is 5 styles of domestic essential oil diffusers, the Motif, SKU DF1004-WT-US, the Avante, SKU DF1001-CC-US, the Embrace, SKU DF1002-RC-US, the Glory, SKU DF1003-CR-US, and the Serenade, SKU DF1005-BF-US. The internal machine of all the DF series is the same. The machine has an electric heating element that heats the scented oil in the water reservoir and releases it into the room. It also contains a fan, a PCB controller, and 16 LED lights. The base features mist and light buttons. The styles and the sizes of the porcelain covers vary from one SKU to another. The machines weigh between 1.58 pounds to 3.56 pounds each. The mist button allows the user to select either high, low, or intermittent mist modes. These three mist modes give the user the option to select the degree of humidity to be added into their environment. The lighting options include 12 individual colors, a color cycling mode, candle flicker mode for ambiance, as well as high and low. The light and mist modes can be used simultaneously with each other as well as separately.
You propose classifying the good in subheading 8479.89.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Electromechanical appliances with self-contained electric motor: Air humidifiers or dehumidifiers”. The humidifiers of subheading 8479.89.1000, HTSUS, are those of the non-domestic type which weigh more than 20 kg. You state that that the good under consideration “will be sold in the domestic consumer market”. Submitted table of weights (in lbs.) shows that the units weigh less than 20 kg. In view of these facts, classification in subheading 8479.89.1000, HTSUS, would not be appropriate. Note 1(f) to Chapter 84 noted.
The applicable subheading for the Motif, SKU DF1004-WT-US, the Avante, SKU DF1001-CC-US, the Embrace, SKU DF1002-RC-US, the Glory, SKU DF1003-CR-US, and the Serenade, SKU DF1005-BF-US, will be 8516.79.0000, HTSUS, which provides for other electrothermic appliances of a kind used for domestic purposes. 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 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 Hope Abada at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division