CLA-2-84:OT:RR:NC:1:105
Ms. Melissa A. Herkalo
World and Main (Cranbury), LLC
324A Half Acre Road
Cranbury NJ 08512
RE: The tariff classification of a complete air cleaning system and separately imported parts from China.
Dear Mr. Herkalo:
In your letter dated October 25, 2018, you requested a tariff classification ruling on an air cleaning system. You also requested the tariff classification on certain parts of the system when imported separately.
The sample you submitted is identified as a Swiffer Model #SY1101NS. The advertising literature included with your submission describes the model as an electrically powered air cleaning system. It states that the system removes dirt, dust and dander from room air. The system is cylindrical in shape and measures 10.5” in diameter and 22” in height. It incorporates a fan, which pulls in dirty air. The interior textile filter traps the dirt and the fan blows out the clean air. The exterior of the model is covered by a zippered outer shade.
The parts of the system you intend to import separately are as follows:
Fan Base – without the shade and filters.
Outer shade – made of PVC and polyester fabric with an incorporated nylon zipper.
Filters (Model SYFM12) – comprised of a triple layer of textile, a small circuit board and a plastic housing.
In your letter, you suggest that the Swiffer Model #SY1101NS be classified under subheading 8414.51.9060, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Fans, table, floor, wall, window ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125 W, other, other. However, we disagree, as the product does not meet the terms of heading 8414. The Swiffer is an air cleaning system that filters and purifies air.
You also suggested that the entire system may be classified in heading 8509, specifically under subheading 8509.80.5095, HTSUS, which provides for Electro mechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof, other, other. However, we find the subject Swiffer Model is more specifically provided for elsewhere. Therefore, classification in heading 8509, HTSUS, would not apply.
The applicable subheading for the Swiffer Model #SY1101NS will be 8421.39.8015, 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 general rate of duty will be free.
The applicable subheading for the outer shade will be 8421.99.0080, 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: Parts: Other: Other. The rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheadings 8421.39.8015 and 8421.99.0080, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheadings 8421.39.8015 and, 8421.99.0080 HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
Your inquiry does not provide enough information for us to give a classification ruling on the fan base and Filters (Model SYFM12), when imported separately. Your request for a classification ruling should include:
Clarify what internal and external components make up the fan base. Does it incorporate a complete fan? If so, state the type of fan that is included in the fan base.
Include a part number for the fan base.
Provide a cost breakdown for all of the components that make up the Filters, Model SYFM12 (e.g. the textile material, circuit board and plastic housing).
Will the Filters, Model SYFM12, be imported in a condition ready for installation into the Swiffer Model #SY1101NS; or will they require further processing? If so, describe what will be done to the filters after importation.
When this information is available, you may wish to consider resubmission of your request. We are retaining the sample you submitted. Please contact our office if you prefer the sample returned.
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 Anthony E. Grossi at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division