CLA-2-84:OT:RR:NC:N1:120

Mr. Brian Cunningham
Haier America Trading LLC
1356 Broadway
New York, NY 10018

RE: The tariff classification of an Ionic Air Purifications System from China

Dear Mr. Cunningham:

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

The merchandise under consideration is referred to as an ionic air purifications system. The ionic air purifications system features an air ionizing unit that is housed in a portable hard plastic case that measures approximately 33” in height by 20” in width by 17” in depth. The ionic air purifications system functions with the use of a power cord and has soft button switch controls to operate the fan, the air conditioner and dehumidifier as well as including a remote control for operation. The air ionizer is always functioning when the unit is turned on whether the secondary feature selected is fan mode, cool mode or dehumidifier mode. The ionizer is a purifying apparatus that emits ions into the air to remove dust particles from the air, which are pulled into the air ionizing unit by the fan. Ionization is when air passing through a filter becomes negatively charged and the air output attaches to positively charged pollutants resulting in pollutants dropping from the air. The ionizer provides a fresher, more pollutant-free breathing space. The ionizer function cannot be separated from the other additional functions of the ionic air purifications system and therefore the ionizer would impart the essential character of the ionic air purifications system.

The applicable subheading for the Ionic Air Purifications System 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.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division