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NY N025212

April 15, 2008



TARIFF NO.: 8414.59.6090, 3307.49.0000

Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of an aromatherapy air revitalizer with essential oil from China

Dear Ms. Trotta:

In your letter dated March 17, 2008 you requested a tariff classification ruling. A sample was submitted and will be returned as you requested.

The item you plan to import is described as “My Aromatherapy Air Revitalizer with Oasis Oil,” model number AR04. The aromatherapy air revitalizer is an air purifier, humidifier and aromatherapy device all in one compact container. This product consists of a battery operated portable aromatherapy revitalizer that features a diffuser/fan, absorbing pad and LED light and includes 10 ml bottle of oasis essential oil. The air revitalizer as well as the oasis essential oil will be imported packaged for retail sale.

The diffuser/fan is of axial design and made of plastic. It features a cartridge designed specifically to hold the absorbing pad. A few drops of the fragrant essential oil are placed on the absorbing pad. When the fan is activated, it causes an air flow that diffuses the fragrance throughout a room.

Although the fan and oasis oil work in conjunction with each other, we find that it is the fan which provides the essential character of the item in question, as the fragrance/aroma cannot permeate throughout a room without the action of the fan.

The applicable subheading for the aromatherapy air revitalizer with oasis essential oil imported together will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The rate of duty will be 2.3 percent ad valorem.

You also indicate in your request the oasis essential oil will be imported separately. The applicable subheading for oasis essential oil imported separately will be 3307.49.0000, HTSUS, which provides for other preparations for perfuming or deodorizing rooms. The rate of duty will be 6 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 regard to marking, please be advised that the label on the essential oil bottle should include country of origin and a list of ingredients.

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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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