CLA-2-94:OT:RR:NC:N4:453
B. Renee Searle
General Manager
BioSmart Technologies, LLC
U.S. Distribution Center
18324 Cook Road SE
Yelm, WA 98597
RE: The tariff classification of an electric blanket from China.
Dear Ms. Searle:
In your letter dated July 23, 2015, on behalf of AcePower International, Inc., you requested a tariff classification ruling. As requested, the sample submitted will be returned to you.
Descriptive literature, illustrative literature, user manual, and marketing literature, as well as a DVD, were provided.
Model: AM-020D is the BioSmart®/tm “DC Far-Infrared Electric Blanket with Remote Control.” Descriptive and illustrative literature indicates that the merchandise concerned is constructed of nine patented proprietary layers to insure even Far-Infrared distribution and specific Far-Infrared waves to maximize its therapeutic advantage. Descriptive and illustrative literature, further provides that, there are two cozy outer layers of knitted polyester polar fleece material used for comfort and heat retention, and additional inner layers of knitted polyester material with a middle layer of cotton fabric upon which the wiring is sown to for purposes of holding the wiring in a fixed position. This item comes in the following colors: Merlot, Mocha and Crème.
Upon a reading of the user manual the BioSmart Electric Blanket features: a “smart-set” comfort wireless controller with LCD screen which allows for constant temperature control that provides 10 incremental levels of heat, and automatic shut off between 1 to 12 hours. Further features include: (1) low voltage DC power supply, (2) universal AC-DC power converter, (3) layers of special anti-static cotton and synthetic materials designed to safely transfer therapeutic infrared heat to the body and (4) special coated wiring in the blanket which is virtually undetectable. This item is washable, or can be soaked in fine fabric soap and drip dried.
Classification of goods under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs, 2 through 6, may then be applied in order.
In general electric blankets are provided for in Section XI, Chapter 63, heading 6301 of the HTSUS. However, in this case, being that the merchandise concerned is stuffed or internally fitted with layers of polyester and cotton fill, we are of the opinion that the exclusionary Legal Note to Section XI, Textile and Textile Articles, 1 (s), removing articles of bedding of Chapter 94 from being classified within Section XI, Chapter 63, and ultimately its heading of 6301 is applicable. Consequently, the model AM-020D, DC Far-Infrared Electric Blanket with Remote Control is classifiable in heading 9404, HTSUS.
The applicable subheading for the model AM-020D, DC Far-Infrared Electric Blanket with Remote Control will be 9404.90.8522, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: Other: Other: Other: Quilts, eiderdowns, comforters and similar articles: With outer shell of man-made fibers (666).” The rate of duty will be 12.8% 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 your ruling request, you make reference to Commerce’s antidumping investigation of woven electric blankets from China under case number A-570-951. Although not specifically asking whether or not the merchandise concerned falls under the antidumping case, written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP).
You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/. See also CBP, Antidumping, administrative messages numbers: 1119309 dated April 29, 2011 and 1244306 dated September 1, 2011.
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 Neil H. Levy at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division