N311955 N3 Ruling Active

The tariff classification of a faux flame humidifier from China.

Issued June 16, 2020 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8509.80.5070

Headings: 8509

Product description

The subject merchandise is a humidifier described as “Cold Fire.” The item has a self-contained electric motor and does not contain heating elements. It is an ultrasonic humidifier dispersing water from an internal reservoir with the ultrasonic wave technology over an LED light source to produce a flame effect/illusion. The appliance can be powered by batteries or by the included AC power adaptor for domestic use. The Cold Fire features a 130ml water tank (about 4.5ounce) and measures approximately 4.72 inches in diameter and 6.45 inches high.

CBP rationale

The applicable subheading for the Cold Fire faux flame humidifier will be 8509.80.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, humidifiers, other, ultrasonic.

Full text

N311955 June 16, 2020 CLA-2-85:OT:RR:NC:N4:410 CATEGORY: Classification TARIFF NO.: 8509.80.5070 Joel McClure Luminous Innovations, Inc. 3130 Alphine Road Portola Valley, CA 94028 RE: The tariff classification of a faux flame humidifier from China. Dear Mr. McClure: In your letter dated May 20, 2020 you requested a tariff classification ruling. The subject merchandise is a humidifier described as “Cold Fire.” The item has a self-contained electric motor and does not contain heating elements. It is an ultrasonic humidifier dispersing water from an internal reservoir with the ultrasonic wave technology over an LED light source to produce a flame effect/illusion. The appliance can be powered by batteries or by the included AC power adaptor for domestic use. The Cold Fire features a 130ml water tank (about 4.5ounce) and measures approximately 4.72 inches in diameter and 6.45 inches high. The applicable subheading for the Cold Fire faux flame humidifier will be 8509.80.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, humidifiers, other, ultrasonic. 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 Michael Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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