CLA-2-84:OT:RR:NC:N1:102
Karl F. Krueger
Radix F. Krueger dba
DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of a vacuum home storage system from China.
Dear Mr. Krueger:
In your letter dated August 25, 2015 you requested a tariff classification ruling on behalf of Vacuvita Holding B.V.
The product under consideration is the Vacuvita Complete Kitchen System. The Vacuvita Complete Kitchen System consists of a home base, a power adaptor, a vacuum adaptor assembly that includes a vacuum adaptor hose and a vacuum adaptor fitting, a four liter Convero container, a two Convero liter container, and 2 one liter Convero containers.
The home base is a container designed to preserve food by extracting air and storing food in a vacuum. The home base consists of a vacuum pump, three valves, two dampers, tubing, a speaker, a PCB and a socket that allows it to connect with a Convero container or a Vacuvita PET plastic storage bag. The vacuum in the home base is created by an air outlet that leads to the pump and the air inlet that releases pressure from the container. The sealed lid of the home base allows the food to be stored in a vacuum.
The Convero containers are described as reusable storage containers that can be vacuum sealed. The containers are available in three sizes and each container includes a one-way valve. Once the vacuum adaptor assembly connects to the container’s valve and the home base, the home base can extract air from the Convero container. The silicon seal incorporated into the lid of each container allows the food to be stored in a vacuum.
The Vacuvita storage bags, which are not components of the Complete Kitchen System, are re-closable polyethylene terephthalate (PET) plastic bags that feature an integral extruded closure and a small valve. Air can be removed from the bag after items have been placed inside by attaching the Vacuvita’s vacuum adapter to the valve after the bag has been closed. The bags, which are not intended for repeated use, come in two sizes, medium and large. The medium bags measure approximately 11" in length by 10" in width, while the large bags measure roughly 13.75" in length by 10" in width. Though the bags are described as storage bags, they are of the same class or kind as re-closable plastic bags that are principally used to convey or package goods.
It is stated that the components of the Vacuvita Complete Kitchen System are packaged and imported together, ready for retail sale, and the storage containers included with the Vacuvita Complete Kitchen System are all designed and intended to be used in conjunction with the home base. Accordingly, we find that the Vacuvita Complete Kitchen System constitutes goods put up in a set for retail sale. The home base, which functions as a vacuum pump, is the component that gives the set its essential character. As such, the applicable subheading for the Vacuvita Complete Kitchen System will be 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. The general rate of duty will be 2.5 percent ad valorem.
In your letter, you also request a classification for each article of the Vacuvita Complete Kitchen System, along with the Vacuvita PET plastic storage bags.
The applicable subheading for the home base will be 8414.10.0000, HTSUS, which provides for vacuum pumps. The rate of duty will be 2.5 ad valorem.
The applicable subheading for the Convero containers will be 3924.10.4000, HTSUS, which provides for tableware, kitchenware…of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.
The applicable subheading for the Vacuvita PET plastic bags will be 3923.21.0030, HTSUS, which provides for Articles for the conveyance or packing of goods, of plastics…: Sacks and bags (including cones): Of polymers of ethylene, Reclosable, with integral extruded closure: Other. The rate of duty will be 3 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 Sandra Martinez at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division