CLA-2-85:OT:RR:NC:N4:410
Jeffrey Chen
Jason Craft Corp
1000 Whipple Rd. Union, CA 9458
RE: The tariff classification of aroma diffusers from China
Dear Mr. Chen:
In your letter dated August 6, 2023, you requested a tariff classification ruling.
The merchandise is five models of aroma diffusers, identified as Item Numbers HH00337, HH00338C, HH00339A, HH00340C, and HH00343B. Based on the literature in your submission and sample review, all models are similar in construction but different in shape, size, and color. The diffusers are designed for home use, and consist of a base with control switches and a cover, and contain an electric motor. The diffusers are equipped with four LEDs lighting with colors changing options for ambiance. There will be no essential oil shipped together with the aroma diffusers.
You described the use of the diffusers as follows:
Once the diffuser is turned on, add water into the water tank, add a few drops of essential oil into the water, then the ultrasonic disc or membrane begins to cause vibrations at an ultrasonic frequency. This frequency, also known as sound waves, is measured at 20kHz and is an indistinct sound that most individuals find inaudible (ultrasound and high frequency sound). These vibrations agitate the water and oil mixture at an intense speed causing the large oil particles to break down into smaller particles referred to as micro-particles. The mixture of the water and oil’s micro-particles begins to turn into a mist caused by the vibrations of the disc. Next, the fan is driven by a mini 5V electric motor and operates using air from the air intakes at the bottom of the base in order to aid the mist in rising and exiting out of the nozzle of the cover, and diffuses aroma throughout a room. This cycle repeats until the diffuser senses there is no longer any water left in the reservoir tank and will automatically shut off.
Item Number HH00337 - 300ml round plastic wood diffuser measures 3.94" in height and 4.92" in diameter. It features a 300ml round plastic base and a cylindrical plastic cover.
Item Number HH00338C - 130ml round plastic wood diffuser measures 5.9" in height and 4.13" in diameter. It features a130ml round plastic wood-look base and an egg-shaped.
Item Number HH00339A - 130ml bud plastic diffuser measures 5.67" in height and 3.66" in diameter. It features a 130ml white plastic base and a bud-shaped.
Item Number HH00340C - 130ml drop plastic wood diffuser measures 7.4" in height and 4.17" in diameter. It features a 130ml drop plastic wood-look base and a tear-drop.
Item Number HH00343B - 100ml stripe cylinder plastic diffuser measures 7.6" in height and 4.17" in diameter. It features a round white plastic 100ml base and a stripe cylindrical plastic cover (reduced to a dome top).
The applicable subheading for the five models of aroma diffusers 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 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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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