The tariff classification of an alkaline water stick from China.

N244956 August 16, 2013 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7116.20.4000 Leonard Floyd Welke Customs Brokers USA, Inc. 275 Cooper Avenue, Suite #103 Tonawanda, NY 14150 RE: The tariff classification of an alkaline water stick from China. Dear Mr. Floyd: In your letter dated August 8, 2013, on behalf of Merchants Worldwide (d/b/a, Merchants Worldwide Flowers & Gifts), you requested a tariff classification ruling. Illustrative literature was provided. Illustrative literature depicts the alkaline water stick as an instrument designed to naturally release essential minerals into water to increase the PH levels to 8.0 or 9.0, or even higher. The alkaline water stick instrument consists of a perforated, food grade stainless (#304 stainless steel) tube, which contains the semiprecious stone tourmaline, maifanite stone, far-infrared stone and calcium ion. The alkaline water stick instrument will last for about one year when used in a 12-ounce bottle of water three times a day. Instructions indicate that you insert the water stick into the water bottle for 10 to 15 minutes and drink the water. This instrument can also be used in a water glass or jug.
You suggest that the alkaline water stick should either be classified in subheading 3824.90.3900 or subheading 7323.93.0080 of the Harmonized Tariff Schedule of the United States (HTSUS). It is our opinion that neither of these two subheadings covers the classification of the alkaline water stick. Legal Note 1 (a) to Chapter 71, HTSUS, provides that subject to note 1 (a) to section VI and except as provided below, all articles consisting wholly or partly of natural or cultured pearls or precious or semiprecious stones (natural, synthetic or reconstructed) are to be classified in this chapter. Accordingly, as the alkaline water stick is not excluded from Chapter 71, HTSUS, and contains the semiprecious stone tourmaline, the instrument is classified in heading 7116, HTSUS, the provision for articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed). The applicable subheading for the alkaline water stick will be 7116.20.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Other: Of semiprecious stones (except rock crystal): Other.” The rate of duty will be 10.5% 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 on World Wide Web at http://www.usitc.gov/tata/hts/. Please check with the U.S. Food and Drug Administration and U.S. Fish and Wildlife Service, as the alkaline water stick may be subject to agency requirements. 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 Neil H. Levy at (646) 733-3036. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division