CLA-2-84:OT:RR:NC:N1:105

Ms. Beth Zaffran
Robinson Home Products Inc.
170 Lawrence Bell Drive
Suite 110
Williamsville, NY 14221

RE: The tariff classification of a Salad Spinner from China.

Dear Ms. Zaffran:

In your letter dated April 2, 2019, you requested a tariff classification ruling. A sample was submitted for our review.

The merchandise, model #63011, is identified as a Salad Spinner. It is made up of a plastic body with a nonslip base for better stability. The overall dimensions of the spinner are approximately 12 mm in height and 22 mm in diameter. You have stated that the removable inner basket has a capacity of 2.797 liters and that the capacity of the outer collector bowl is 4.262 liters. The plastic lid of the bowl contains a mechanical feature, which incorporates a handle that initiates the spinner and whisks excess water from the salad material inside the basket.

The applicable subheading for the Salad Spinner, model #63011, will be 8421.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: other. The general rate of duty will be 1.3 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710).  Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01.

Products of China classified under subheading 8421.19.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. We find that the good subject to your ruling request falls under the scope of one of the product-specific exclusions set forth in Section XXII, Chapter 99, Subchapter III U.S. Note 20, specifically Note 20(i) [Salad spinners of plastic, not electrically powered (described in statistical reporting number 8421.19.0000)]. Accordingly, at the time of importation, you must report Chapter 99 subheading 9903.88.06, in addition to subheading 8421.19.0000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 the 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 Anthony E. Grossi at [email protected].


Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division