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

Dmitriy Pevzner
Supply Chain Sources LLC
339 North Berry Street
Brea, CA 92821

RE: The tariff classification of a UV and Ozone sanitizer from China

Dear Mr. Pevzner:

In your letter dated July 28, 2020, you requested a tariff classification ruling.

The merchandise under consideration is identified as the LifeSmart-TrueWash and described as an Ozone and ultraviolet (UV) sterilizer. The unit measures approximately 14 inches wide, 14 inches high and 16 inches deep and is meant to be placed on a user’s kitchen counter or table. The unit further incorporates a digital control panel, water reservoir, UV light source, and internal basket. The sterilizer is meant to clean and sanitize a wide variety of goods including fruits and vegetables, baby bottles, plastic containers, and small personal electronics.

In use, the desired item to be sterilized or sanitized is placed within the basket in the machine. The user then selects, from the control panel, the necessary cleaning cycle that corresponds with the item. For some items, such as food and everyday plastic items, the unit will first spray the items with activated Ozone that is generated from the water contained within the reservoir. The UV lamp is then turned on to further sanitize and sterilize the items. Some preset cleaning functions, such as those designated for personal electronics, do not spray with Ozone, but only sterilize with UV light. The basket within the sanitizer spins to dry the sterilized goods.

The applicable subheading for the LifeSmary-TrueWash sterilizer will be 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus; …Other.” The general rate of duty will be 2.6 percent ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, 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 8543.70.9960, 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 on the World Wide Web at https://hts.usitc.gov/current.

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 Luke LePage at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division