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NY I85511




August 28, 2002

CLA-2-85:RR:NC:N1:113 I85511

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.79.0000, 8516.90.9000

Mr. Derek DeMeo
Expeditors International of Washington, Inc. 1136 South 3600 West
Suite 400
Salt Lake City, UT 84104

RE: The tariff classification of an electric scent warmer from China.

Dear Mr. DeMeo:

In your letter dated August 14, 2002, you requested a ruling on behalf of Pende, Inc. on tariff classification.

The samples you provided are three different styles of electric warmers used to diffuse the scent from special wax. Although you refer to them as candle warmers, they do not use candles. The warmers are electric devices with a warming plate, a transformer and a fan contained within decorative unit housings. After importation, the units will be packaged with metal containers containing specialty, scented wax. When the container has been heated by the warming plate, the fan will diffuse the scent out into the room.

The Candle Breezetm Candle Warmer comes both with and without a flickering light to simulate the ambiance of a lighted candle. The Candle Breezetm with light resembles a hurricane lamp. The other has a plain chimney. The CandleAiretm, also with a light, resembles a small covered bowl with legs.

You also request the classification of the empty metal containers, which will be imported separately to be filled with scented wax. From their appearance, they have been specifically designed to fit into the warmers.

The applicable subheading for the warmers 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.

The applicable subheading for the metal containers will be 8516.90.9000, HTS, which provides for parts [of other electrothermic appliances], other. The general rate of duty will be 3.9 percent ad valorem.

We note that your sample packaging is not legally marked with the country of origin. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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. Your packaging has the American address of the importer, Pende, on one side in letters about 4mm high. The words “Made in China” appear in only half that size. Furthermore, the country of origin marking on the CandleAiretm is not in close proximity to the US address.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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