CLA-2-85:OT:RR:NC:N1:113
Ms. Arlene Rodriguez
HYLA U.S. Gassmann, Inc.
1262 East Newport Center Drive
Deerfield Beach, FL 33442
RE: The tariff classification of the HYLA Water Air Freshener made in China
Dear Ms. Rodriguez:
In your letter dated June 4, 2009, you requested a tariff classification ruling. Labeled drawings, an instruction manual and a working sample of the item identified as the HYLA Water Air Freshener were submitted for our review. Your sample will be returned as requested.
The HYLA Water Air Freshener, Model HDL-616, features a self-contained electric motor. The item has a plastic top cover, a rotating fan blade, a plastic water bowl, a plastic base, and power control and light control buttons on the base. You state in your letter that when the fan blade rotates it draws the outside air into the motor unit. The air enters the central opening of the rotating fan blade and is blown out through the openings on the top of the motor unit. The fan blade has a vertical tube that extends into the water inside the plastic water bowl. Water is pulled into the airflow inside the rotating fan blade, creating a mixture of air and water droplets that are thrown by the centrifugal force into the inner surface of the water bowl. The directions for using the HYLA Water Air Freshener instruct the user to discard the water containing the dust particles and other contaminants, and to use a damp cloth or sponge to clean the water bowl.
In your letter you suggest classification under subheading 8421.39.8015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: filtering or purifying machinery and apparatus for gases: other: other, dust collection and air purification treatment: other. The National Import Specialist that handles heading 8421, HTSUS, has stated that the HYLA Water Air Freshener does not meet the provision for classification in heading 8421, HTSUS. The sample machine has a motorized fan that spins the water but not at great speeds of centrifuges classified in heading 8421, HTSUS. The machine’s centrifugal type force does not separate completely or partly separate substances to their different specific gravities, or which remove the moisture from wet substances as per the Explanatory Notes to heading 8421, HTSUS. The machine is not doing any separating and the heading excludes certain other types of machines operating on the centrifugal principle.
The National Import Specialist that handles heading 8421, HTSUS, has indicated that without being imported with any filtering medium, the machine does not perform a filtering or purifying function of heading 8421, HTSUS. Also, the literature states that the user may add a separately imported disinfectant or a fragrance to the water; it is not dedicated for use with the disinfectant. Therefore, classification under heading 8421, HTSUS, is not applicable. The subject merchandise is classifiable in heading 8509, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508.
The applicable subheading for the Model HDL-616 HYLA Water Air Freshener will be 8509.80.5095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof: other appliances: other: other. The rate of duty will be 4.2 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 Ann Taub at 646-733-3018.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division