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NY R00477




July 19, 2004

CLA-2-85:RR:NC:N1:113 R00477

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.79.0000

Mr. Patrick J. Boyle
American Household, Inc.
2381Executive Center Drive
Boca Raton, FL 33431

RE: The tariff classification of an electric, household, room vaporizer from China.

Dear Mr. Boyle:

In your letter dated June 18, 2004, you requested a ruling on behalf of Sunbeam Products, Inc. on tariff classification.

The sample you provided is the Sunbeam Health at Home Warm Mist Vaporizer, model 1387. The request covers both the model 1387-800 and 1387-812. The appliance is a room vaporizer consisting of an upper housing and a lower tank. The upper housing contains two electrodes. The tank holds the water to be vaporized. The electric current passing through the water between the two electrodes turns the water into steam. In your letter, you suggest that the item should be classified as an immersion heater in heading 8516.10.0080, HTS. The Explanatory Notes to that heading describe immersion heaters as wire resistors with a reinforced protective sheath. This does not describe the mechanism used in this vaporizer.

The applicable subheading for this product will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrothermic appliances, other. The general rate of duty will be 2.7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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