CLA-2-84:OT:RR:NC:N1:105
Taik Mitani
Sunstar Engineering Inc.
7-1 Aketa Cho
Takatsuki 5690806
Japan
RE: The tariff classification of the QAIS-air-03 electronic sterilizer and deodorizer from China
Dear Mr. Mitani:
In your eRuling request dated September 15, 2021, you requested a tariff classification ruling on the QAIS-air-03 electronic sterilizer and deodorizer.
The item under consideration is referred to as the QAIS-air-03 (product number DD01AAW), which is an electric device that uses a UV-A LED light and photocatalytic plate to purify air. The device deodorizes indoor air by decomposing odor-causing substances and harmful organic compounds (such as bacteria and viruses) that are floating in the air. It breaks the compounds down into water and carbon dioxide through a photocatalytic reaction. The titanium mesh filter that supports the photocatalytic action is not adsorptive and does not require regular replacement. The device contains a Photocatalyst TMiP, which refers to a titanium mesh impregnated photocatalytic filter. It is a thin titanium plate covered with fine holes and coated with an anatase titanium oxide photocatalyst. The QAIS-air-03 does not have a dust collection filter and instead relies on a fan to draw air into the device, which then allows the UV-A LED light and photocatalyst to purify the air. The round product is 260 mm wide by 260 mm deep by 90 mm high and weighs 1 kg. The product is used with an AC adapter and is designed for use in the home or office.
In your request you suggest the classification to be subheading 8421.29.0065, 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 liquids: Other: Other: Other: Other.” We disagree. The QAIS-air-03 is designed to purify air not liquids.
In your request you further suggest classification in subheading 8421.39.0040, 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: Catalytic converters.” We disagree. The QAIS-air-03 is not a catalytic converter and instead is more akin to an air purifier.
In your request you also suggest the QAIS-air-03 be classified in subheading 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.” We agree. The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8421.39.8015, HTSUS, unless specifically excluded, are subject to an 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 subheading 8421.39.8015, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered 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.
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 Jason Christie at Jason.M.Christie.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division