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`August 22, 2006
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`CLA-2-85:RR:NC:N1:112 M85579
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`CATEGORY: Classification
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`TARIFF NO.: 8543.89.9795; 3824.90.2800
`
`Mark Weiss
`Weiss & Moy, P.C.
`4204 N. Brown Avenue
`Scottsdale, AZ 85251-3914
`
`RE: The tariff classification of a nicotine inhaler and parts from China
`
`Dear Mr. Weiss,
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`
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`The items concerned are the Ruyan Electronic Cigarette and the Ruyan
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`Electronic Cigarette cartridge. The Cigarette is a spherical, metal tube with a plastic
`mouthpiece tip on the end which measures approximately 5 ½” in length. Inside the
`tube are a sensor, electronic atomizer, integrated circuits and a lithium ion battery.
`The spherical cartridge is attached to a plastic mouthpiece tip and contains nicotine
`and propylene glycol.
`
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`In your letter dated July 20, 2006, you requested a tariff classification ruling.
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`The purpose of the Ruyan Electronic Cigarette is to act as a nicotine inhaler
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`that has atomized smoke being forced out of the plastic mouthpiece tip.
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`You state that the these items will be marketed in five, different packages:
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`1. Electronic cigarette with two rechargeable 3.7-volt batteries
`
`Philip Morris Products, S.A.
`Exhibit 1012
`Page 001
`
`
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`2. Electronic cigarette with two rechargeable 3.7-volt batteries and five
` cartridges
`3. Five cartridges, ten cartridges and twenty cartridges
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`The applicable classification subheading for the Ruyan Electronic Cigarette
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`with batteries and the Ruyan Electronic Cigarette with batteries and cartridges will be
`8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which
`provides for “Electrical … apparatus, having individual functions, not specified or
`included elsewhere ... : Other … apparatus: Other: Other: Other: Other: Other”. The
`rate of duty will be 2.6%.
`
`The applicable classification subheading for the packages of five Cartridges,
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`ten Cartridges and twenty Cartridges will be 3824.90.2800, Harmonized Tariff
`Schedule of the United States (HTSUS), which provides for “ … preparations of the
`chemical or allied industries … , not elsewhere specified or included: Other: Other:
`Mixtures containing 5 percent or more by weight of one or more aromatic or modified
`aromatic substances: Other”. The rate of duty will be 6.5%.
`
`Duty rates are provided for your convenience and are subject to change. The
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`text of the most recent HTS 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
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`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 Ruyan Electronic Cigarette, contact National Import
`Specialist Richard Laman at 646-733-3017. If you have any questions regarding the
`Ruyan Electronic Cigarette cartridge, contact National Import Specialist Richard
`Dunkel at 646-733-3032.
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`2
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`Sincerely,
`
`Robert B. Swierupski
`Director,
`National Commodity
`Specialist Division
`
`Philip Morris Products, S.A.
`Exhibit 1012
`Page 002
`
`
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