CLA-2-85:OT:RR:NC:N1:112
Paula M. Connelly
Law Offices of Paula M. Connelly
67 South Bedford Street, Suite 400
West Burlington, MA 01803
RE: The tariff classification of the Force of Nature Home Cleaner from China
Dear Ms. Connelly:
In your letter dated June 15, 2015 you requested a tariff classification ruling on behalf of your client, Empire Emco.
The item submitted to our office for consideration is referred to as the Force of Nature Home Cleaner (FON). At the time of importation, this device consists of an electrolysis bottle and a charging base. From the description you provided, the FON uses an electrolysis process to convert water and “activator capsules”, containing salt and vinegar, into a cleaning solution for use in the home or office. You state that the FON is combined with a spray engine and the activator capsules post importation to complete the product for sale to the end user.
The electrolysis bottle is comprised of a plastic reservoir with an electrical grid mounted within that is referred to as the “electromesh”. The electromesh serves as positive and negative electrical contacts inside a liquid solution which allows for the electrolysis process to occur. In use, water and activator capsules are added to the FON electrolysis bottle and the unit is placed on its charging base. With the application of electrical current via the charging base, the electrolysis process separates the salt water and acetic acid into a solution containing hypochlorous acid with a desired PH level of 5.5% to 6.5%, which you state to be an ideal range and acid mixture for a natural cleaning solution.
You have suggested the appropriate classification for the FON is 8543.30.0000, Harmonized Tariff Schedule of the United States (HTSUS). This office agrees with your proposed classification.
The applicable subheading for the Force of Nature Home Cleaner will be 8543.30.0000, HTSUS, which provides for "Electrical machines and apparatus…: Machines and apparatus for electroplating, electrolysis or electrophoresis". The rate of duty will be 2.6%.
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 Karl Moosbrugger at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division