CLA-2-85:OT:RR:NC:N4:410
Ms. Judy Sucharitakul
Perryman, Mojonier Company
9710 S. La Cienega Blvd.
Inglewood, CA 90301
RE: The tariff classification of an electric facial cleansing device from China
Dear Ms. Sucharitakul:
In your letter dated July 27, 2018, you requested a tariff classification and a country of origin marking ruling. A sample was submitted with your ruling request and will be returned to you.
The merchandise under consideration is identified as the LUNA Mini 2. The device is a battery powered hand-held facial cleansing brush designed for cleaning and exfoliating the skin. The device has a self-contained electric motor enclosed in a plastic housing having a control switch. The LUNA Mini 2 is oval shaped and measures approximately 0.75 inches by 3.3 inches by 3 inches at its widest points. The upper portion of the device features a brush made of plush silicone bristles of various lengths and patterns. The device will be imported packaged with a USB charging cable in a retail-ready clear plastic box.
The applicable subheading for the LUNA mini 2 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 appliances, other. 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/.
In addition to the classification request, you have also inquired as to the acceptability of your proposed country of origin marking. The imported LUNA mini 2 is made in China, where it is packaged in a disposable clear plastic box ready for sale in the U.S. Clearly, the device is designed to be sold to the ultimate purchaser in the clear plastic box. The LUNA mini 2 with a USB charging cable are displayed on top of a cardboard box, inside the clear plastic box. The device’s information and the company’s name are printed on the cardboard box. The cardboard in the back contains illustration on the use of the device and the company’s website.
The backside opening of the clear plastic box is sealed with a paper sticker. One side of the sticker is printed with “LUNA Mini 2 Pearl Pink” and a barcode. Printed on the other side of the sticker are a barcode, a company’s name FOREO, a company’s address ending with the country name “SWEDEN” in upper case, five icons (CE, disposal information, recycle etc.) and “Made in China”. The “Made in China” appears to be in the same letter size and in close proximity to the country name “SWEDEN”.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Section 134.46, Customs Regulations (19 CFR 134.46), contains more restrictive marking requirements designed to alleviate the possibility of misleading an ultimate purchaser with regard to the country of origin of an imported article. Specifically, 19 CFR 134.46 requires that, in instances where the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears.
In this case, we find that on the bottom of the retail box the company’s address ending with the country name “SWEDEN” triggers the special marking requirements of 19 CFR 134.46. However, the country of origin marking phrase "Made in China" is in close proximity to the country name of “SWEDEN” and in a comparable size. It is legible and permanent, and is easily found and read without strain. Therefore, the country of origin marking in the bottom of the retail box satisfies the marking requirement of 19 CFR 134.46.
We are of the opinion that the submitted sample satisfies the requirements of 19 CFR 134 and 19 U.S.C. 1304.
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,
Steven A. Mack
Director
National Commodity Specialist Division