&&The product is a filter-free, electric household humidifier. The humidifier which does not incorporate a fan or a motor is comprised of a plastic housing, the base of which contains an electro-thermal heating element, a plastic water tank that incorporates a handle, and a control knob. The heating element heats the water in the water tank to a boil, releasing steam that is emitted into the atmosphere as a warm mist. The Warm Mist Humidifier features an automatic shut off, two speeds and a small medicine tray in the top of the housing into which essential oils or medicated ointments may be added.

&&You have suggested that this humidifier be classified under heading 85.09 of the Customs Tariff, which provides for "electro-mechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 85.08". Explanatory Note (B) (8) to heading 85.09 lists air humidifiers and dehumidifiers. However, the terms of the heading require that these domestic appliances incorporate an electric motor. As the product does not contain an electric motor, classification under heading 85.09 is excluded.&&&&Heading 85.16 provides for inter alia, other electro-thermic appliances of a kind used for domestic purposes. Explanatory Note (E) to heading 85.16 describes these appliances, stating that the heading "includes all electro-thermic machines and appliances provided they are normally used in the household." The Sunbeam Warm Mist Humidifier meets the terms of the heading and is appropriately included therein.&&