CLA-2-85:OT:RR:NC:N 4 410

Erkan Topgul
NexTeliah
8206 Louisiana Blvd NE Albuquerque, NM 87113

RE:  The tariff classification of an electric marshmallow stick from China

Dear Mr. Topgul:

In your letter dated January 23, 2024, you requested a tariff classification ruling. Descriptive literature and product pictures were submitted for our review.

The merchandise is identified as the marshmallow stick, which consists of a 3-pronged metal folk affixed to a metal cylindrical handle containing an electric motor and batteries. When the switch button on the handle is pressed, the folk turns. The marshmallow stick weighs approximately 10.85oz, and is designed for domestic use such as grilling the marshmallows and sausages on a campfire.

The applicable subheading for the electric marshmallow stick 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, 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