CLA-2-84:OT:RR:NC:N1:104
TARIFF NOS.: 8479.89.9599; 8479.90.9596; 9903.88.03; 9903.88.01
Mike Tait
Waimin Limited
2/F Tern Centre Tower 1, 237 Queen's Road, Central Hong Kong China
RE: The tariff classification of a drinking water remineralizer and replacement cartridge from China
Dear Mr. Tait:
In your letter dated January 13, 2025, you requested a tariff classification ruling.
The product in question is the Waimin Mineralizer Unit (“Waimin Unit”). It is a home use device that employs valves and tubing to dose or add a calculated amount of minerals back into drinking water. It operates through valve-controlled water pressure in the household kitchen pipe system, with no electronic or electrical components in the unit. The product is installed under the kitchen sink and is plumbed into the drinking water faucet/tap tubing line. It is comprised of two fully assembled parts, a docking station and a replaceable mineral cartridge, which in operation must be connected for the system to function.
The docking station, made mainly of plastic components, provides the water connections externally and internally into the mineral cartridge. It also employs a pressure reducing valve with a pre-set steel tensioned spring within the valve to automatically reduce inlet water pressure and control the flow of water into and through the Waimin Unit. The docking station also contains a small water frequency vortex wire unit, which allows the water to flow in a natural swirling motion. You state that the vortex wire unit aerates the water, raises pH levels, and improves taste.
The mineral cartridge is comprised of four sealed cylindrical chambers, the interior of each containing a different food grade powdered mineral, i.e., Calcium Chloride dihydrate (160gms), Magnesium Sulphate (170gms), Potassium Bicarbonate (30gms) and Sodium Chloride (30gms), which are held within nylon mesh sealed bags. One-way check valves (non-return valves) at the water inlet to the mineral chambers and a capillary tubing system delivers each of the minerals into the water flow, while preventing remineralized water from flowing back through the inlet tubing into the docking station and waterline when the faucet tap is turned off. The capillary tubing length varies based on the desired mineral amount to be dispensed into the water. The mineral cartridge is designed for the Waimin Unit and compatible only with the docking station.
The Waimin Unit overall weighs 2.5kgs and measures 346mm x 222mm x 76.5mm, with the mineral cartridge unit alone weighing 2.0kgs and measuring 245mm x 222mm x 76.5mm. The product lacks filtering membranes or porous materials to remove impurities and bacteria from water. It does not function as softener which removes specific minerals from water, so it cannot purify, filter, or soften water. It does not contain a UV light or chemicals to purify water.
You requested a tariff classification ruling for the Waimin Unit when imported complete with its docking station and mineral cartridge, and for the replacement mineral cartridge when imported separately. You also request a ruling concerning the proper Food and Drug Administration (FDA) labelling as the unit contains powdered minerals. Finally, you ask whether FDA registration will be required as minerals will be diluted into the drinking water faucet line.
Questions concerning applicable FDA regulations including labeling should be directed to that agency for guidance.
The applicable subheading for the Waimin Remineralizer Unit, when imported complete with its docking station and mineral unit, will be 8479.89.9599, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other.” The general rate of duty will be 2.5 percent ad valorem. The applicable subheading for the replacement mineral unit, imported separately, will be 8479.90.9596, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: Other: Other:” The rate of duty will be free.
Products of China classified under subheading 8479.89.9599, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8479.89.9599, HTSUS, listed above.
Products of China classified under subheading 8479.90.9596, 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., 9903.88.01, in addition to subheading 8479.90.9596, HTSUS, listed above. See U.S. Note 20 to Subchapter III, Chapter 99, HTSUS.
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/. 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 the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. If 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 Arthur Purcell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division