The tariff classification of aroma diffusers from China

N266165 July 9, 2015 CLA-2-85:OT:RR:NC:N4:110 CATEGORY: Classification TARIFF NO.: 8516.79.0000 Ms. Deborah B. Stern Sandler, Travis & Rosenberg, P.A. 1000 NW 57th Court, Suite 600 Miami, FL 33126 RE: The tariff classification of aroma diffusers from China Dear Ms. Stern: In your letter dated June 22, 2015, on behalf of your client Forever Fragrance Candle LLC, you requested a tariff classification ruling. A sample of the black Neptune model was submitted with your request and will be returned to you. The product under consideration is identified in your letter as the electrothermic aroma diffusers, also referred to as electric fragrance warmers. The product is an electrothermic domestic appliance measuring approximately 7.5 inches high. The product is offered for sale in two models, Saturn and Neptune. The two models are identical in their material composition, functionality and purpose, however they vary in physical shape and color (black or silver). Both models are comprised of two separate components constituting a single article: a base with an electric heating element and a separate aroma dish made of soda-lime glass. Scented material (i.e. wax, scented oil, potpourri, etc.) is placed in the aroma dish which is placed atop the electrothermic base. The heating element is controlled by a rheostat-type power knob located on the outside of the device. When powered on, the heating element heats the scented material in the aroma top which is then diffused into the air. One model has a hole-type opening in the side of the device that allows air in and the heat to escape from the heating element. The other model has a half moon dip at the top of the device which serves the same purpose. These devices do not contain electric motors. The applicable subheading for the Saturn and Neptune electrothermic aroma diffusers will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electrothermic appliances of a kind used for domestic purposes. The rate of duty will be 2.7 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 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 Hope Abada at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division