CLA-2-84:OT:RR:NC:N1:105
Scott Leonard
HSN
1 HSN Drive
St. Petersburg, FL 33729
RE: The tariff classification of a rechargeable vacuum sealer from China
Dear Mr. Leonard:
In your letter dated July 20, 2018, you requested a tariff classification ruling. A sample was provided.
The product at issue, identified as the Wolfgang Puck Rechargeable Vacuum Sealer, is a battery-powered handheld device designed to seal food in plastic bags. The device is imported with a USB charging cord and an assortment of resealable vacuum freezer bags. To use the vacuum sealer, one first places food in one of the resealable bags, and manually closes the zipper. The vacuum sealer is then placed over an air valve incorporated into the bag. Once activated, the vacuum sealer removes all of the excess air from the bag, causing the bag to tightly enclose and preserve the food contained within.
You suggest classification of the Wolfgang Puck Vacuum Sealer in subheading 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…: Other appliances: Other: Other.” Based on the information provided, the device is more accurately classified elsewhere. The Wolfgang Puck Vacuum Sealer serves a function similar to that of the vacuum sealer described in New York Ruling Letter N210195, dated April 13, 2012.
The applicable subheading for the Wolfgang Puck Rechargeable Vacuum Sealer will be 8422.30.9191, HTSUS, which provides for Machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; machinery for aerating beverages: Other: Other: Machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: Other. The general rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01.
Products of China classified under subheading 8422.30.91, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8422.30.9191, HTSUS, listed above.
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 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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division