CLA-2-85:OT:RR:NC:N4 410
Michael Smiszek
Braumiller Consulting Group , LLC
5220 Spring Valley Road, Suite 200 Dallas, TX 75254
RE: The tariff classification of the the Droplette Micro-Infuser and the Droplette Micro-Infuser from Vietnam
Dear Mr. Smiszek:
In your letter dated January 24, 2023, on behalf of Droplette, Inc., you requested a tariff classification ruling.
The merchandise under consideration is identified as the Droplette Micro-Infuser (DMI) and its DMI Retail Kit.
It is stated that the Droplette Micro-Infuser is a hand-held, rechargeable, battery-operated, electromechanical personal care device. The device transforms various specially formulated skincare ingredients, by releasing single-use capsules made of HDPE (high density polyethylene), into a therapeutic aerosolized “micro-mist.” As a result, ingredients are more deeply transdermally infused into the skin than traditional topical skincare application methods. The Droplette Micro-Infuser is roughly in an oval shape resembling a computer mouse. It consists of a housing, capsule chamber, capsule door, power button, and an indicator light. The device contains an electric motor, PCBs (printed circuit board), etc., inside the housing.
The DMI Retail Kit comprises four discrete items that at the time of import will be packaged in the retail box. Each DMI Kit will include a Droplette Micro-Infuser (including a permanently installed rechargeable lithium-ion battery), a battery charger cradle (to recharge the DMI’s battery wirelessly), an insulated power cable with a wall plug, and a quick start guide.
In use, an HDPE capsule is inserted into the top of the DMI where it is pierced, releasing the therapeutic formulation from inside the capsule that the DMI’s patented technology then transforms into an aerosol micro-mist. When held against the skin, the aerosol micro-mist is infused deeply into the skin, producing the desired therapeutic benefit. Droplette offers several encapsulated therapeutic formulations, which are sold separately.
In your ruling request, you suggested that the Droplette Micro-Infuser and its DMI Retail Kit be classified as aerosol therapy apparatus under subheading 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Explanatory Note Part (VI) to heading 9019 states that aerosol therapy apparatus “is used for the application of a therapeutic agent in the treatment of pulmonary, cutaneous, oto-rhino-laryngologic, gynaecologic diseases, etc., by the dispersion (nebulisation) in the form of a mist of various medicinal solutions (hormones, vitamins, antibiotics, brincho-dialting preparations, essential oils, etc.).” Merriam-Webster’s Collegiate Dictionary (10th ed.) defines “therapeutic” as being “of or related to the treatment of disease or disorders by remedial agents or methods.” In Headquarters Ruling 968245, dated September 7, 2006, CBP defines aerosol therapy apparatus as “apparatus that dispenses a remedial agent as a suspension of solid or liquid particles in gas to assist in the treatment of a disorder.” The Droplette device is a skincare device that “turns skincare formulas into teeny, tiny droplets and converts them into an aerosol and high-velocity spray to penetrate the skin.” It is not used for the application of a remedial agent in the treatment of cutaneous diseases. Hence, the Droplette device and its retail kit are not classifiable in subheading 9019.20.0000, HTSUS.
The applicable subheading for the Droplette Micro-Infuser (DMI) and the DMI Retail Kit will be 8509.80.5095, 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.
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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Michael Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division