CLA-2-85:OT:RR:NC:N4:110
Ms. Sheri G. Lawson
Willson International Inc.
160 Wales Avenue, Suite 100
Tonawanda, NY 14150
RE: The tariff classification of cassettes and insert for electric fireplace from China
Dear Ms. Lawson:
In your letter dated September 11, 2014, on behalf of your client Dimplex North America Ltd., you requested a tariff classification ruling.
You have submitted descriptive literature and emailed additional information for the Opti-myst Cassettes and the Opti-myst II Insert for electric fireplace.
The Opti-myst Cassettes, Items number DFI400L, DFI400LH, DFI600L and DFI400R are cassettes with logs or rocks for the Dimplex electric fireplace. The cassettes are designed for domestic use in multiple installation possibilities that includes integration into a custom mantel, built into a wall, installed into a cut-out, etc. Each unit weighs 25 pounds and is equipped with a self-contained electric motor, a small motorized fan, four halogen lights, a power cord, a remote control and a water tank that will provide up to 14 hours of continuous flame effect. The flame and smoke effects are created by an ultrasonic wave technology. A mist is produced by an ultrasonic emitter that utilizes a metal diaphragm, vibrating at an ultrasonic frequency to create the water droplets. A small fan blows the water mist out of the sump and over the halogen lights. As the mist rises up through the logs or the white stone, the halogen lights shine upwards over the water molecules and creates an illusion of flames and smoke of a true wood-burning fire. It is stated that the mist is at room temperature and although the cassettes give the appearance of an actual fireplace, they do not contain heating elements or emit heat. The units are rated at 120 Volts/200 Watts/682 BTUs, and designed to plug into any standard household electrical outlet. Item number DFI400L has logs that are molded from actual wood and measures 16 inches long by 13 inches high by 8.5 inches wide. Item number DFI400LH is identical to item number DFI400L except for the additional receptacle cord to plug in a heater (heater sold separately.) Item number DFI600L measures 22.25 inches long by 13 inches high by 8.5 inches wide and has logs that are molded from actual wood. Item number DFI400R measures 16 inches long by 8.5 inches high by 8.5 inches wide and has white rocks for a contemporary look.
The Opti-myst II Insert, Item number DLGM29, is an insert log set for the Dimplex fireplace with a remote control. The electric insert log set is designed to fit into unused steel or masonry fireplace openings. This unit is equipped with a self-contained electric motor, a small motorized fan, four halogen lights, a power cord, a remote control and a water tank, hand-crafted logs, a glowing ash mat and a metal log grate. This unit is intended for domestic use and weighs 25 pound. The Opti-myst II Insert utilizes the same ultrasonic wave technology as the cassettes and function in the same manner. The inserts give the appearance of an actual fireplace but they do not contain heating elements and do not emit heat. It is stated that the mist is not a steam since the water remains at room temperature. This water reservoir offers 12 to 14 hours of continuous use. This unit is designed to be plugged into any standard household electrical outlet. The unit is rated at 120 Volts, and measures 27 inches long by 13 inches high by 14.25 inches wide.
The applicable subheading for items number DFI400L, DFI400LH, DFI600L, DFI400R and DLGM29 will be 8509.80.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, humidifiers, other, ultrasonic. The rate of duty will be 4.2 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