CLA-2-85:OT:RR:NC:N1:113
Ms. Diane L. Pingarelli
MercAsia USA, Ltd.
1501 Gary Street
Bethlehem, PA 18018
RE: The tariff classification of an electronic wine aerator made in China
Dear Ms. Pingarelli:
In your letter dated January 14, 2014, you requested a tariff classification ruling. A sample and a diagram of the subject article were submitted for our review.
The article under consideration is identified as the Vinaera Electronic Wine Aerator (MV6). You stated that the principal use of the wine aerator is to provide oxidation to wine in order to release the full flavor and aromas of the wine. The appliance under consideration has a self-contained electric motor and weighs approximately 195 grams. The user manual instructs the consumer to open a bottle of wine, to insert the tube of the Vinaera Wine Aerator into the bottle and to gently press the Vinaera down over the mouth of the bottle. The user is further directed to place their glass under the spout and press the button on the top of the Vinaera to dispense instantly aerated wine directly into their glass. The user is instructed to release the dispensing button before removing their glass from under the spout.
The applicable subheading for the Vinaera Electronic Wine Aerator (MV6) 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, parts thereof: other appliances: other: other. The rate of duty will be 4.2 percent ad valorem.
In your submission, you also inquired as to the application of any trade program or agreement for the Vinaera Electric Wine Aerator. You stated in the ruling request that the country of origin is China which is not subject to any trade program or agreement.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division