CLA-2-85:OT:RR:NC:N2:212

Anita Salazar
C.H. Powell Company
830 Dillon Drive
Wood Dale, IL  60191

RE: The tariff classification of a color-changing salt lamp from China

Dear Ms. Salazar:

In your letter dated April 26, 2023, you requested a tariff classification ruling on behalf of your client, Hachette Book Group, Inc.

The merchandise under consideration is identified as the Himalayan Mood Lamp. The subject device is comprised of a plastic base with an incorporated color-changing LED light bulb. We note that this bulb has no steady-on function. A removeable salt block is also included that will be placed on top of the base, covering the LED bulb. In use, the bulb is turned on and rotates through an array of colors, illuminating the salt block.

The applicable subheading for the Himalayan Mood Lamp will be 8543.70.9860, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9860, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9860, HTSUS, listed above. 

The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:   https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china   

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 at https://hts.usitc.gov/current

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Luke LePage at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division