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NY N004970




January 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.0070

Mr. Peter D. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, FL 33605

RE: The tariff classification of the Ultrasonic Cool Mist Humidifier from China.

Dear Mr. Alberdi:

In your letter received by our office on January 4, 2007, on behalf of Momentum Sales and Marketing, you requested a tariff classification ruling.

The merchandise is identified as the Ultrasonic Cool Mist Humidifier, model number 2518. The instruction manual indicates that the humidifier measures approximately 320 mm by 183 mm by 339 mm. It weighs approximately 3 kgs. The Ultrasonic Cool Mist Humidifier features an auto humidistat to maintain a comfortable humidity level automatically, an adjustable humidistat to maintain a humidity level selected by the user, a 7-color light for night use, a built-in ionizer, a filter cartridge to reduce the scales or limes in the water and a liquid crystal display (LCD) to adjust the moisture and timer.

The sample will be returned as you requested.

The applicable subheading for the Ultrasonic Cool Mist Humidifier will be 8509.80.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, humidifiers, other, ultrasonic. 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/.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS.

Once those changes are in effect, it is anticipated that your merchandise will be classified in 8509.80.50, HTSUS. Under the circumstances, this information is advisory only.

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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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