The tariff classification of an atomizer/nebulizer called Mr. Angel made in China

N145177 February 22, 2011 CLA-2-85:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 8509.80.5095 Ms. Jenna Shortess Midwest Customs Services of Wisconsin, Inc. 1860 Renaissance Boulevard Sturtevant, WI 53177 RE: The tariff classification of an atomizer/nebulizer called Mr. Angel made in China Dear Ms. Shortess: In your letter dated January 20, 2011, on behalf of Serene House USA Inc., you requested a tariff classification ruling. A sample of the subject item identified as Mr. Angel was submitted for our review. The item under consideration is described as an atomizer/nebulizer designed for use in the home. Mr. Angel is available in Models 101101007 White and 101101008 Black. You stated in your letter that the “atomizer/nebulizer is a device that creates a very fine spray. A nebulizer works by diffusing aroma molecules of essential oils into the air. Essential oil mixed with water is forced through a specially designed nebulizer jet by an air pump to atomize (spray) it into a micro-fine mist. It then passes through a special diffuser glass (spout) helping it disperse quickly and evenly throughout the room. Because the water is not heated for evaporation, it produces a cool mist spray.” The main body is made of porcelain and contains a reservoir for water. The scent is added to the water in the reservoir and a wind hole cover (retaining plate) is placed in the open hole in the reservoir. A glass hood (spout) is placed on top of the main body before the device is turned on. A plastic cleaning brush used for product maintenance and a plastic pipette (dropper) used to extract essential oil from the glass oil jar are included with the nebulizer. One jar of scented oil and an AC adapter are also included in the subject product. Mr. Angel features a built-in amplifier that can be connected to music players such as MP3, MP4 or CD to play music and the glass spout is lit by LED lights when the product is plugged in. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U.S. Food and Drug Administration.  Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130. The applicable subheading for the atomizer/nebulizer called Mr. Angel (Models 101101007 White and 101101008 Black) will be 8509.80.5095, Harmonized Tariff Schedule of the United States (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 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 Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division