CLA-2-91:OT:RR:NC:N4:414
Mr. Kevin Ekstrand
Laufer Group International Ltd.
7007 NE Parvin Road
Kansas City, MO 64117
RE: The tariff classification of the dispenser for the Cleanaer Starter Pack from China
Dear Mr. Ekstrand:
In your letter dated August 16, 2011, on behalf of Valent BioSciences Corporation, you requested a tariff classification ruling on a dispenser which is a part of the Cleanaer Starter Pack, hereafter referred to as the Cleanaer. A sample was furnished and will be returned as requested.
The Cleanaer is an air purification device that removes odors, dust, allergens and other airborne particulates without releasing ozone or using propellants. The Cleanaer consists of an ionizer cartridge, a dispenser, a wall bracket and batteries. The dispenser is also referred to in the literature as the power unit and the console unit.
On August 8, 2011, classification ruling N175315 was issued on the Cleanaer and on three of the four components that comprise the Cleanaer. Additional information was needed in order to classify the dispenser.
The dispenser consists of a battery pack which accommodates two AA batteries and a printed circuit board. The dispenser’s printed circuit board is populated with electronic components that enable it to execute the function of determining intervals of time. A populated printed circuit board is a printed circuit assembly. The batteries provide electrical power to the printed circuit assembly in the dispenser. The dispenser can be set to dispense liquidions from the ionizer cartridge for periods of time consisting of 10 seconds, 15 seconds and 25 seconds, every two minutes, 24 hours a day. The dispenser has an indicator which displays four settings and a four-position slide switch called the flow control switch. To dispense liquidions for 10 seconds, the flow control switch is set at setting l. To dispense liquidions for 15 seconds, the flow control switch is set at setting ll. To dispense liquidions for 25 seconds, the flow control switch is set at setting lll. The liquidions are dispensed for the selected amount of time every two minutes, 24 hours per day. The Cleanaer can be turned off by setting the flow control switch on the dispenser at the zero (“0”) setting. You indicate that the dispenser is valued at $12 each.
You have suggested classification of the dispenser, when imported separately, under subheading 8421.99.0080, Harmonized Tariff Schedule of the United States (HTSUS) which provides for parts of air purification equipment. However, Additional U.S. Rule of Interpretation 1 (c) directs that “a provision for parts of an article covers products solely or principally used as a part of such articles but a provision for “parts” or “parts and accessories” shall not prevail over a specific provision for such a part or accessory.
In chapter 91, HTSUS, clock or watch movements are described as devices regulated by a balance wheel and hairspring, quartz crystal or any other system capable of determining intervals of time, with a display or a system to which a mechanical display can be incorporated. See Note 3 and Additional U.S. Note 1 (d) of chapter 91, HTSUS. The dispenser contains a printed circuit assembly which is a system capable of determining intervals of time. The dispenser turns the ionizing cartridge on for intervals of time and turns the ionizing cartridge off after the selected time has elapsed.
The applicable subheading for the dispenser will be 9107.00.80, HTSUS, which provides for time switches with clock or watch movement or with synchronous motor, valued over $5 each. The rate of duty will be 45 cents each plus 6.4 percent ad valorem plus 2.5 cents per jewel.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division