The tariff classification of a RobiComb Kit from China

N301482 November 21, 2018 CLA-2-85:OT:RR:NC:N4:410 CATEGORY: Classification TARIFF NO.: 8509.80.5095 Mr. Geoffrey M. Goodale FisherBroyles, LLP 1717 Pennsylvania Avenue, N.W., Suite 1025 Washington, DC 20006 RE: The tariff classification of a RobiComb Kit from China Dear Mr. Goodale: In your letter dated October 30, 2018, you requested a tariff classification ruling, on behalf of your client LiceGuard LLC. A sample was submitted with your request and will be returned to you. The merchandise under consideration is identified as the RobiComb Kit. Based on the sample and the information that you have provided, the RobiComb Kit includes the following items: 1) a RobiComb, a handheld electromechanical domestic appliance comprised of a rectangular plastic housing featuring a comb with teeth-like metal pins and a self-contained electric motor. The battery powered RobiComb is used to detect, demobilize and/or kill lice; 2) a Cleaning Brush, a small brush used for cleaning the RobiComb; and 3) a Lice Removal Comb, a comb with stainless steel teeth that will be used to remove the remaining lice or lice eggs. The three items in the RobiComb Kit are packaged together ready for retail sale. GRI 3(b) provides for the classification of goods put up in retail sets. Applying the definition of the phrase “goods put up as sets for retail sale” provided in EN (X) to GRI 3(b), the subject merchandise meets the first requirement because the product consists of two or more goods, which are prima facie classifiable in two or more headings of the Harmonized Tariff Schedule of the United States (HTSUS). In addition, the subject merchandise meets the second requirement because the RobiComb, the Cleaning Brush and the Lice Removal Comb are put up together to carry out a specific activity. In this case, the goods are packaged together for use in detecting, killing/demobilizing and removing lice. Finally, the goods are put up in a manner suitable for sale directly to users without repacking. In the described circumstances, the RobiComb Kit qualifies as goods put up in sets for retail sale for purposes of GRI 3(b). Classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The RobiComb clearly provides the essential character of this set. The applicable subheading for the RobiComb Kit will be 8509.80.5095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, parts thereof: other appliances: other: other. The rate of duty will be 4.2 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 the World Wide Web at https://hts.usitc.gov/current. 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, Steven A. Mack Director National Commodity Specialist Division