N030386 N0 Ruling Active

The tariff classification of the Ruyan Vegas E-cigar from China

Issued June 27, 2008 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8543.70.9650

Headings: 8543

Product description

The item concerned is the Ruyan Vegas E-cigar. The E-cigar is comprised of a tube shaped housing that measures 5 ½ inches in length and approximately ¾ inches in circumference. It incorporates a mouth piece on one end and an LED indicator light on the opposite end. Inside the housing is a pre-installed nicotine cartridge, electronic atomizer, airflow sensor, microprocessor and a lithium battery. The nicotine cartridge is self-contained in the cigar and is non-replaceable. The E-cigar is disposable. The E-cigar is a disposable cigar substitute that atomizes purified, liquid nicotine and produces a vapor, that when inhaled, satisfies a smoker’s craving for nicotine.

CBP rationale

The applicable subheading for the Ruyan Vegas E-cigar will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical…apparatus, having individual functions, not specified or included elsewhere…: Other…apparatus: Other: Other: Other: Other”.

Full text

N030386 June 27, 2008 CLA-2-85:OT:RR:E:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Mr. Robert A. Hanson, Jr. Customs Brokerage Manager William L. Griffin & Company, Inc. DBA Griffin & Company Logistics 7830 12th Avenue S Minneapolis, MN 55425 RE: The tariff classification of the Ruyan Vegas E-cigar from China Dear Mr. Hanson: In your letter dated June 9, 2008, on behalf of Ruyan America Inc., you requested a tariff classification ruling. The item concerned is the Ruyan Vegas E-cigar. The E-cigar is comprised of a tube shaped housing that measures 5 ½ inches in length and approximately ¾ inches in circumference. It incorporates a mouth piece on one end and an LED indicator light on the opposite end. Inside the housing is a pre-installed nicotine cartridge, electronic atomizer, airflow sensor, microprocessor and a lithium battery. The nicotine cartridge is self-contained in the cigar and is non-replaceable. The E-cigar is disposable. The E-cigar is a disposable cigar substitute that atomizes purified, liquid nicotine and produces a vapor, that when inhaled, satisfies a smoker’s craving for nicotine. The applicable subheading for the Ruyan Vegas E-cigar will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical…apparatus, having individual functions, not specified or included elsewhere…: Other…apparatus: Other: Other: Other: Other”. The rate of duty will be 2.6%. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Steven Pollichino at 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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