CLA-2-84:OT:RR:NC:N1:102

Ms. Heidi C. Sankey
Everbrite, LLC
4949 S. 110th Street
Greenfield, WI 53228

RE: The tariff classification of an axial fan from China

Dear Ms. Sankey:

In your letter dated January 10, 2010 you requested a tariff classification ruling.

The item you plan to import is identified as a 254MM single speed axial fan used to cool components in Magnetic Resonance Imaging (MRI) machines. A technical drawing was submitted.

In your request, you suggest that the axial fan may be classified under subheading 8414.51.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other table, floor, window, ceiling or roof fans, with a self-contained motor of an output not exceeding 125 watts. You also suggest classification under subheading 8414.59.6095, HTSUS, which provides for other fans. However, axial fans are more specifically provided elsewhere within HTSUS subheading 8414.59.

The applicable subheading for the fan will be 8414.59.6090, HTSUS, which provides for axial fans. The rate of duty will be 2.3 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 Kenneth T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division