CLA-2-84:OT:RR:NC:N1:120
Mr. Kevin Ekstrand
Laufer Group International Ltd.
7007 NE Parvin Road
Kansas City, MO 64117
RE: The tariff classification of a “Cleanaer™ Starter Pack” set, Ionizer Cartridge, Wall Bracket and AA Batteries from China
Dear Mr. Ekstrand:
In your letter dated July 12, 2011, on behalf of Valent BioSciences Corporation, you requested a tariff classification ruling on the submitted sample of the “Cleanaer™ Starter Pack”. The sample is being returned upon your request. You also requested the classification of a wall bracket and dispenser set, and a cartridge and batteries set, when imported separately.
The cleanaer™ starter pack is a set that includes an ionizer cartridge, dispenser (power unit), wall bracket and AA batteries. The dispenser, which houses the two AA batteries, connects into the ionizer cartridge to form the cleanaer™ device. The ionizer cartridge is a purifying apparatus that emits ions into the air to remove dust particles from the air in order to provide a fresher, more pollutant-free breathing space. The ionizer cartridge is powered from the dispenser to positively and negatively charge the liquid chemicals it contains, and create a liquidion mist (droplets). This mist is dispersed from the cartridge according to three timed intervals, which can be controlled by using the timed interval switch located on the dispenser. The cleanaer™ device may produce either positively- or negatively-charged droplets, but is currently configured to produce droplets which have a positive charge. The positively-charged droplets attach to negatively- or neutrally-charged particles in the air, such as dust, pollen etc. in order to remove the pollutant particles from the air.
The cleanaer™ device, which measures approximately 8 inches in length by 1.5 inches in width, is placed in the specifically designed wall bracket for mounting on a wall. The wall bracket measures approximately 9 inches in length by 2 inches in width.
The cleanaer™ starter pack meets the terms of a set classified in accordance with the General Rule of Interpretation (GRI) 3(b), which states: the term "goods put up in sets for retail sale" shall be taken to mean goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings. (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards). The components of the cleanaer™ starter pack are packaged together and put up in a set for retail sale for air purification. The cleanaer™ device, which imparts the essential character of the starter pack set, meets Note 4 to Section XVI as a functional unit intended to contribute together to the clearly defined function of an ionizer for air purification.
You also requested a classification ruling for the wall bracket and dispenser when imported together as a set, and the ionizer cartridge and batteries when imported together as a set. Based on the information provided, and in accordance with GRI 3(b), the items in each set do not meet a particular need or carry out a specific activity together. Thus, they are not classifiable as a set, and each item must be classified separately.
When imported separately, the ionizer cartridge is classified in accordance with General Rule of Interpretation (GRI) 2(a), which provides the following: Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.
The ionizer cartridge contains the liquid chemicals that performs the ionizing function and imparts the essential character of an ionizer used in air purification. Although unfinished without the power unit from the dispenser, the cartridge can be classified as a finished ionizer since it has the essential character of the finished item.
The applicable subheading for the “Cleanaer™ Starter Pack” set will be 8421.39.8015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Filtering or purifying machinery and apparatus, for liquids or gases…: Filtering or purifying machinery and apparatus for gases: Other: Other: Other." The rate of duty will be Free.
When imported separately, the applicable subheading for the Ionizer Cartridge will be 8421.39.8015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Filtering or purifying machinery and apparatus, for liquids or gases…: Filtering or purifying machinery and apparatus for gases: Other: Other: Other." The rate of duty will be Free.
When imported separately, the applicable subheading for the Wall Bracket will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “builders’ ware of plastics, not elsewhere specified or included, other.” The general rate of duty will be 5.3 percent ad valorem.
When imported separately, the applicable subheading for the AA Batteries will be 8506.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other primary cells and primary batteries.” The rate of duty will be 2.7 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/.
You requested classification of the dispenser component of the Cleanaer™ device. We are unable to classify the dispenser at this time and require the following additional information.
Does the dispenser portion of the Cleanaer device contain a clock or watch movement? Does it contain a synchronous motor?
The literature states that the dispenser can be set to dispense the liquidion’s for 10 seconds, 15 seconds or 25 seconds, every two minutes. How does the dispenser determine intervals of time?
Does the dispenser operate as a time switch, turning on and turning off the cartridge?
What happens if the dispenser switch is placed in the zero (“O)” position? Can the Cleanaer device dispense the liquidion’s when its switch is in the zero position?
What is the value in dollars of the dispenser portion of the Cleanaer device?
If you decide to resubmit a ruling request for the dispenser portion, please mail all materials to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section and address the ruling request to National Import Specialist Ms. Barbara Kiefer at (646) 733-3019.
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 Denise Faingar at (646) 733-3010.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division