The tariff classification of a facial massager from China

NY H85886 January 3, 2002 CLA-2-90:RR:NC:N1:105 H85886 CATEGORY: Classification TARIFF NO.: 9019.10.2020 Ms. Barbara Y. Wierbicki Tompkins & Davidson, LLP One Astor Plaza 1515 Broadway New York, NY 10036-8901 RE: The tariff classification of a facial massager from China Dear Ms. Wierbicki: In your letter for Avon Products, dated September 7, 2001, resubmission received here December 4, 2001, you requested a tariff classification ruling. The retail box states, “Facial Massager, 3 in 1, Massaging-Cleaning-Relaxing.” The base motor, powered by two AA batteries, will spin any one of the three attachments, all of which are on plastic disks about 1.7 inches in diameter. They are a brush with very soft bristles, a lightweight sponge, and a massaging head. The massaging head is relatively elaborate in that it has five exposed, ball-bearing type spheres which will roll over the skin when the disc is spinning. Exclusion (n) in the Explanatory Notes to Harmonized System Heading 85.09 (electro-mechanical domestic appliances, with self-contained electric motor) excludes massage apparatus (heading 90.19). The massaging aspect either supplies the item its essential character or is covered by the last HTS heading which equally merits consideration as supplying its essential character, noting HS General Rule of Interpretation 3-c. We agree that the applicable subheading for the facial massager will be 9019.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for handheld, battery operated, massage apparatus. The rate of duty will be free. 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division