The tariff classification of a humidifier and an electric kettle from China

N191261 November 30, 2011 CLA-2-85:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO: 8516.10.0080 Ms. Marilyn-Joy Cerny Cerny Associates, P.C. 24 Smith Street Building 2, Suite 102 Pawling NY 12564 RE: The tariff classification of a humidifier and an electric kettle from China Dear Ms. Cerny: In your letter dated October 31, 2011 you requested a tariff classification ruling on behalf of your client, Sunbeam Products, Inc. The products under consideration are identified as the Sunbeam Warm Mist Humidifier (“Warm Mist Humidifier”), model number SWM2412, and the Sunbeam Electric Kettle (“Electric Kettle”), model number SEK17. Product manuals and photographs were included with your submission. The Warm Mist Humidifier is a domestic use appliance consisting of a water tank, a humidifier housing, a humidifier base, a control panel and a carry handle. The water tank fits into the humidifier housing which in turn rests on top of the humidifier base. Within the humidifier base is a metal heating element. To operate this product, the user first removes the water tank, fills it with water and then returns it to the housing. The water will then flow from the tank into the humidifier base. Channels within the base guide the water into a central heating chamber where it comes in direct contact with an electrically operated metal heating element. When the unit is turned on, this immersed heating element will heat the water rapidly until it begins to boil and vaporize. The steam or water vapor is then vented through the humidifier housing and into the room. The Electric Kettle is a countertop domestic appliance with a water level capacity of 1.8 liters. It is comprised of a pitcher-shaped vessel with a handle, an on/off switch, a lid release button, a removable mesh water filter, a detachable electric cord and an electrically operated metal coil heating element that is permanently assembled within the unit’s water reservoir. To operate the kettle, the user adds the desired amount of water to the reservoir. The water completely covers the heating element at the bottom of the reservoir. When the kettle is turned on, the immersed heating element will directly heat/boil the water within the reservoir. The applicable subheading for the Warm Mist Humidifier and the Electric Kettle will be 8516.10.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other instantaneous electric water heaters and immersion heaters. The rate of duty is free. 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 Kenneth T. Brock at (646) 733-3009. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division