CLA-2-85:RR:NC:N1:113 M86531

Mr. Marc D. Torrence
V. Alexander & Co., Inc.
P.O. Box 291929
Nashville, TN 37229-1029

RE: The tariff classification of heater fan ionizers from China

Dear Mr. Torrance:

In your letter dated September 7, 2006, on behalf of Lasko Metals Products, you requested a tariff classification ruling.

The merchandise is the Model 6000 Cyclonic Ceramic Heater with Remote Control and Fresh Air Ionizer. The appliance is used to circulate warmed, ionized air throughout a room. In your letter, you suggest that the item be classified in heading 8421, HTS, as filtering apparatus, based on a ruling of a similar item. However, this particular appliance is principally used as a space heater.

The applicable subheading for the heater fan ionizer will be 8516.29.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electric space heating apparatus…other, portable space heaters, fan-forced. The rate of duty will be 3.7 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).

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,
National Commodity
Specialist Division