OT:RR:CTF:EMAIN H340899 JRG
Center Director
Consumer Products and Mass Merchandising
Center of Excellence and Expertise
U.S. Customs and Border Protection
157 Tradeport Drive, Suite B
Atlanta, GA 30354
RE: Internal Advice Request; Classification of Certain Backpack Vacuums from China
Dear Center Director:
This is in response to your request for Internal Advice (IA), dated March 5, 2024, made
pursuant to § 177.11(a) of Title 19 of the Code of Federal Regulations (19 C.F.R. § 177.11(a)).
The IA request was initiated by your office and concerns the tariff classification of certain
Backpack Vacuums (vacuums) under the Harmonized Tariff Schedule of the United States
(HTSUS).
FACTS:
The “Prolux 2.0 Cordless Bagless Upright Backpack Vacuum with 1 Hour Lithium Ion
Battery,” is a rechargeable battery-powered vacuum that is worn as a backpack and intended for
use in residential settings. It is imported with a flexible extension hose, adjustable wand, various
nozzles for use on different surfaces, an adapter for the various nozzles, a vacuum filter, two
lithium-ion batteries capable of handling a 30 minute charge, and a charger. Its bin volume is 1.9
L, and its dust receptacle capacity is 0.64 L.
The “Lightweight Prolux 2.0 Bagless Upright Backpack Vacuum w/ 5 Year Warranty” is
similar to the battery-powered version previously described. It is imported with the same
attachments, including a few more nozzles, and its bin volume and dust receptacle capacity are
identical to the battery-powered version. The only relevant difference is that it requires a corded
electrical connection to function.
The “Prolux 2.0 Commercial Bagless Upright Backpack Vacuum with Deluxe 1 ½ Inch
Tool Kit,” is similar to the battery-powered and corded residential backpack vacuums already
described, however, it is imported with a longer, industrial extension power cord and a nozzle
specifically designed for commercial use. Besides those differences, it is imported with similar
attachments and possesses the same bin volume and dust receptacle capacity as the other
vacuums subject to this IA.
The subject vacuums were entered between May 30, 2022, and November 14, 2022, and
liquidated between April 21, 2023, and October 13, 2023. The vacuums were liquidated under
subheading 8508.11.00, HTSUS, which provides for “Vacuum cleaners; parts thereof: With self-
contained electric motor: Of a power not exceeding 1,500 W and having a dust bag or other
receptacle capacity not exceeding 20 L.” As products of China, the vacuums were subject to an
additional 25 percent ad valorem duty imposed by Notes 20(e) and (f) to Chapter 99, HTSUS,
and their liquidation under the corresponding subheading 9903.88.03, HTSUS, which provides
for “[A]rticles the product of China, as provided for in U.S. note 20(e) to this subchapter and as
provided for in the subheadings enumerated in U.S. note 20(f) [to this subchapter].”
On October 16, 2023, C.H. Robinson International Inc. filed Protest No. 3303-23-
100887, on behalf of Rocky Mountain Vacuum Brokers (Protestant), alleging the vacuums are
entitled to relief from Section 301 duties under U.S. Note 20(ttt)(iii)(123) of Chapter 99,
HTSUS, which provides for “Vacuum cleaners, bagless, upright, each with self-contained
electric motor of a power not exceeding 1,500 W and having a dust receptacle capacity not
exceeding 1 liter (described in statistical reporting number 8508.11.0000).”
During your review of the Protest, it became apparent to your office that there is
widespread ambiguity concerning the correct interpretation of U.S. Note 20(ttt)(iii)(123),
specifically the definition of the term “upright” in the exclusion’s text. Moreover, Protestant
made multiple inquiries concerning the “official” definition of the term “upright” in U.S. Note
20(ttt)(iii)(123). As such, you sent the subject IA request to our office, notifying the Protestant
via email on August 5, 2024.
ISSUES:
Whether the subject Backpack Vacuums are entitled to relief from Section 301 duties
under U.S. Note 20(ttt)(iii)(123) to Chapter 99, HTSUS, and its corresponding subheading
9903.88.07, HTSUS.
LAW AND ANALYSIS:
Classification under the HTSUS is determined in accordance with the General Rules of
Interpretation (GRIs) and, in the absence of special language or context which otherwise
requires, by the Additional U.S. Rules of Interpretation (ARIs). GRI 1 provides that the
classification of goods shall be “determined according to the terms of the headings and any
relative section or chapter notes.” If the goods cannot be classified solely on the basis of GRI 1,
and if the headings and legal notes do not otherwise require, GRIs 2 through 6 may be applied in
order.
Preliminarily, it is clear that the subject vacuums satisfy the terms of subheading
8508.11.00, HTSUS, and, as such, are appropriately classified in that subheading. Therefore, the
primary question is whether the vacuums are entitled to relief from Section 301 duties.
Chapter 99, Subchapter III, Note 20(ttt)(iii)(123) covers “Vacuum cleaners, bagless,
upright, each with self-contained electric motor of a power not exceeding 1,500 W and having a
dust receptacle capacity not exceeding 1 liter (described in statistical reporting number
8508.11.0000),” and corresponds to subheading 9903.88.07, HTSUS.
The scope of each exclusion from Section 301 duties is governed by the product
descriptions forth in the Annex, and not by product descriptions set forth in a particular request
for exclusion. See 84 FR 38718 (August 17, 2019).
The subject vacuums satisfy most of the criteria detailed in Note 20(ttt)(iii)(123).
Specifically, they are bagless vacuum cleaners with self-contained electric motors of a power not
exceeding 1,500 W and have a dust receptacle capacity not exceeding 1 liter. As such, the
threshold inquiry is whether they are “upright” vacuums.
The term “upright” in heading 8508, HTSUS, is not defined in the HTSUS or the
Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System. When
a tariff term is not defined by the HTSUS or the legislative history, its correct meaning is its
common, or commercial, meaning. See Rocknel Fastener, Inc. v. United States, 267 F.3d 1354,
1356 (Fed. Cir. 2001) ("To ascertain the common meaning of a term, a court may consult
'dictionaries, scientific authorities, and other reliable information sources' and 'lexicographic and
other materials.'" (quoting C.J. Tower & Sons of Buffalo, Inc. v. United States, 673 F.2d 1268,
1271, 69 C.C.P.A. 128 (C.C.P.A. 1982))); see also Simod Am. Corp. v. United States, 872 F.2d
1572, 1576 (Fed. Cir. 1989)).
The Oxford English Dictionary (OED) defines “upright,” when used as an adjective, as
“[e]rect on the feet or end; in or into a vertical position; perpendicular to the ground or other
surface.” 1 Additionally, Merriam-Webster defines the adjective “upright” as “perpendicular,
vertical; erect in carriage or posture; having the main axis or a main part perpendicular.” 2
While these dictionary definitions could encompass the subject vacuums, which are
designed vertically and perpendicular to the floor when worn by a user, further research into the
commercial meaning of an “upright” vacuum indicates that the subject vacuums do not satisfy
the terms of Note 20(ttt)(iii)(123). Multiple consumer websites refer to “upright” vacuums,
generally, as those which stand up on a base, comprised of wheels and the power nozzle; possess
a bag or filter cannister in between the base and the handle; and are used by leaning the vacuum
1
Upright, Oxford Eng. Dictionary, https://www.oed.com/dictionary/upright_adj?tab=meaning_and_use (last
accessed September 12, 2024).
2
Upright, Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/up-
right#:~:text=The%20meaning%20of%20UPRIGHT%20is%20perpendicular,%20vertical.%20How%20to%20use
(last accessed September 12, 2024).
back and pushing it across the area to be cleaned. 3 Moreover, the previously described “upright”
vacuums meet the OED’s definition of “upright” as “erect on the feet or end,” while also being
designed vertically and perpendicular to the floor. The subject vacuums, however, are distinct
from “upright” vacuums because they are designed to be worn on the back of the user, thereby
not satisfying the commercial definition of an “upright” vacuum, while also not being “erect on
the feet or end.” Therefore, the subject vacuums do not satisfy the criteria of Note
20(ttt)(iii)(123) and are not granted relief from Section 301 duties.
HOLDING:
Applying GRIs 1 and 6, the Backpack Vacuums are classified under subheading
8508.11.00, HTSUS, which provides for “Vacuum cleaners; parts thereof: With self-contained
electric motor: Of a power not exceeding 1,500 W and having a dust bag or other receptacle
capacity not exceeding 20 L.” The general, column one rate of duty for merchandise classified
under this subheading is Free.
Duty rates are provided for the internal advice applicant’s convenience and are subject to
change. The text of the most recent HTSUS and the accompanying duty rates are provided online
at https://hts.usitc.gov/current.
You are to mail this decision to the internal advice requester no later than 60 days from
the date of the decision. At that time, the Office of Trade, Regulations and Rulings will make the
decision available to CBP personnel, and to the public on the Customs Rulings Online Search
System (CROSS) at https://rulings.cbp.gov/ which can be found on the U.S. Customs and Border
Protection website at http://www.cbp.gov and other methods of public distribution.
Sincerely,
Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division
3
See Mary H.J. Farrell, Best Upright Vacuums of 2024, Consumer Reports (July 30, 2024),
https://www.consumerreports.org/appliances/vacuum-cleaners/best-upright-vacuum-cleaners-consumer-reports-
tests-a4196942563/?msockid=378638ab75ab6bb33d622b0d74b96a2a; Kathleen Felton & Kaitlyn McInnis, The 10
Best Upright Vacuums, According to Testing, Better Homes & Gardens (Aug. 14, 2024),
https://www.bhg.com/best-upright-vacuums-7498305; Carolyn Forté, Canister vs. Upright Vacuum: Which Should
You Choose?, Good Housekeeping (June 12, 2024), https://www.goodhousekeeping.com/appliances/vacuum-
cleaner-reviews/a61058386/canister-vs-upright-vacuum/; Lindsay Boyers, The Best Upright Vacuum in 2024,
Tested by Editors, CNN Underscored (Dec. 29, 2023), https://www.cnn.com/cnn-underscored/reviews/best-upright-
vacuum-cleaner.