CLA-2-85:OT:RR:NC:N4:410
Ms. Judy Sucharitakul
Perryman, Mojonier Company
9710 S. La Cienega Blvd.
Inglewood, CA 90301
RE: The tariff classification of electric facial cleansing device from China
Dear Ms. Sucharitakul:
In your letter dated August 1, 2018, you requested a tariff classification and a country of origin marking ruling. A sample was submitted with your ruling request and will be returned to you.
The merchandise under consideration is identified as the LUNA 2. This device is a battery powered hand-held facial cleaning brush designed for cleansing and exfoliating the skin. The device has a self-contained electric motor enclosed in a plastic housing having a control switch. The LUNA 2 is oval shaped and measures approximately 1.4 inches by 3.3 inches by 4 inches at its widest points. The upper portion of the device features a brush made of plush silicone bristles of various lengths and patterns. Packaged together in a retail-ready cardboard box are the device, an instruction manual, a drawstring pouch and a USB charging cable.
The applicable subheading for the LUNA 2 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 appliances, 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/.
In addition to the classification request, you have also inquired as to the acceptability of your proposed country of origin marking. The LUNA 2 is made in China, where it is packaged in a disposable cardboard box ready for sale in the U.S. Clearly, the device is intended to be sold to the ultimate purchaser in the cardboard box. The front panel of the box has a clear window showing the device and printed with the words “FOREO”, “LUNATM 2” and “FOR NORMAL SKIN”. The top panel of the box is printed with “FOREO”. On the right side panel of the box, it is printed with the information and symbols regarding the product. The phrase under the fourth symbol shows “SMART SWEDISH DESIGN, 100% WATERPROOF & 1 FULL CHARGE LASTS 7 MONTHS”. The lower part of the same panel shows “Sweden-based FOREO aims to empower you to brighten your life.” The same information in French appears on the left side panel of the box. The back of the box is printed with the FOREO brand name followed by the product name and benefits of using this product in six different languages. On the bottom right corner five icons are displayed, along with the copyright information in upper case, the European distributor’s name and full address in upper case – “EU DISTR.: FOREO AB, BIRGER JARLSGATAN 22, 114 34 STOCKHOLM, SWEDEN”, the United States distributor’s name and full address in upper case – “US DISTR.: FOREO INC., 3565 S. LAS VEGAS BLVD. #159, LAS VEGAS, NV 89109, USA”, “DESIGNED AND DEVELOPED BY FOREO SWEDEN”, “MANUFACTURED BY FOREO AB” and the FOREO website address.
The opening on the backside of the box sealed with a paper sticker. One side of the sticker is printed with “LUNA 2 for Normal Skin” and a barcode. While the other side is printed with a barcode, the company name FOREO, address ending with the country name “SWEDEN” in upper case, five icons (CE, disposal information, recycle etc.) and “Made in China”. The “Made in China” appears to be in the same letter size and in close proximity to the country name “SWEDEN”.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Section 134.46, Customs Regulations (19 CFR 134.46), contains more restrictive marking requirements designed to alleviate the possibility of misleading an ultimate purchaser with regard to the country of origin of an imported article. Specifically, 19 CFR 134.46 requires that, in instances where the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears.
In this case, we find that on the back panel of the retail box, the phrase “DESIGNED AND DEVELOPED BY FOREO SWEDEN” and the U.S. and Swedish addresses including the country names trigger the special marking requirements of 19 CFR 134.46. However, the country of origin marking phrase "Made in China" is in close proximity to the phrase “DESIGNED AND DEVELOPED BY FOREO SWEDEN” the non-origin references are in comparable size, legible and permanent, and it is easily found and read without strain. Therefore, the country of origin marking in the back panel of the retail box satisfies the marking requirement of 19 CFR 134.46.
In contrast, on the right panel of the retail box, the phrases “SMART SWEDISH DESIGN” and “Sweden-based FOREO” are potentially misleading with regard to the product's country of origin, thus triggering the applicability of 19 CFR 134.46. However, there is no country of origin marking appearing in the right panel.
We are of the opinion that the submitted sample does not satisfy the requirements of 19 CFR 134 and 19 U.S.C. 1304.
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 Hope Abada at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division