CLA-2-85:OT:RR:NC:N4:410
Mr. Echo Gao
Tineco Intelligent Technology Co., Ltd.
108 Shihu Road West, Wuzhong District of Suzhou
Suzhou, Jiangsu Province
China
RE: The tariff classification of vacuum cleaners from China
Dear Mr. Gao:
In your letter dated April 1, 2022, you requested a tariff classification. Pictures and product specifications were submitted with your request.
The merchandise is identified as the Tineco A11 Series. Based on the information and pictures in your submission, Tineco A11 series models are bagless, upright vacuum cleaners used to clean floors. The vacuum cleaners each contain an electric motor. It is stated that the vacuum cleaners are of a power not exceeding 1,500 W (watts) and have a dust receptacle capacity not exceeding 1 L (liter).
The applicable subheading for the Tineco A11 Series will be 8508.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vacuum cleaners, parts thereof: With a self-contained electric motor: Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l”. The rate of duty will be Free.
In your request you seek clarification on whether these vacuum cleaners are exempted from the additional 301 duties. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8508.11.0000, 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., 9903.88.03, in addition to subheading 8508.11.0000, HTSUS, listed above.
The articles in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of the tariff classification ruling. For further information on admissibility, please contact your assigned Customs Center of Excellence & Expertise office prior to importation of the goods.
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 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 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 Michael Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division