CLA-2-84:OT:RR:NC:N1:405
Marilyn-Joy Cerny
Cerny Associates, P.C.
24 Smith Street
Building 2, Suite 102
Pawling, NY 12564
RE: The tariff classification of an air cleaner subassembly from China
Dear Ms. Cerny:
In your letter dated September 27, 2016, on behalf of Rexair, LLC, you requested a tariff classification ruling.
The merchandise at issue is described as an air cleaner subassembly, identified by the part number R16573. The subassembly is designed to be incorporated into a Rainbow® cleaning system, a product that performs two principal functions, vacuum cleaning and air filtering. The complete Rainbow system has the capability to both clean surfaces (such as carpets, upholstery, etc.) and purify air by means of a water filtration system combined with a HEPA neutralizer. Per the information provided, the subassembly consists of three main components, a vacuum pump, an integrated spider separator, and a HEPA filter assembly. The separator is coupled to the output shaft of the vacuum pump, where it contributes to the filtering of the airstream by physically separating dirt from water, enabling it to direct dust and other small particles to the Rainbow’s water filtration system. The remaining air is directed to the HEPA assembly where it is then filtered to the micron level. You indicate that the subassembly, when imported, will not have it’s own power source, but will be connected to power sources within the Rainbow cleaning system upon final assembly.
You indicate that the Rainbow cleaning system into which the air cleaner subassembly will be incorporated has been previously found to be classified as a vacuum cleaner in Chapter 85, per the 22nd session of the Harmonized System Committee of the World Customs Organization (see Headquarters Ruling Letter 962622, dated August 11, 1999, which references this determination). Note 2(a) to Section XVI indicates that, subject to certain exceptions, parts which are goods included in any of the headings of chapter 84 or 85 are in all cases to be classified in their respective headings. Despite the lack of a power source when imported, the air cleaner subassembly has the essential character of an apparatus intended to filter and purify air, and it serves that function within the Rainbow cleaning system. As a result, the subassembly would be properly classified as a filtering or purifying apparatus of heading 8421.
The applicable subheading for the air cleaner subassembly will be 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 equipment: 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 https://hts.usitc.gov/current.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division