CLA-2 OT:RR:NC:N1:102

Gary D. Colip
iAIRE, LLC
8122 Dean Road
Indianapolis, Indiana 46240

RE: The classification of air handling units from China.

Mr. Colip:

In your letter dated May 17, 2022, you requested a ruling on the classification air handling units. Descriptive information was provided with your submission.

The merchandise under consideration is air handling units, part numbers ZAVD-24HDG, ZAVD-36HDG, ZAVD-48HDG, ZAVD-60HDG. The air handling units are paired with separately imported outdoor units and together, the units make-up a system that cools and heats spaces. The air handling units feature a drain pan and consist of an insulated steel cabinet that houses an evaporator coil, and a fan.

The applicable subheading for the air handling units, part numbers ZAVD-24HDG, ZAVD-36HDG, ZAVD-48HDG, ZAVD-60HDG will be 8415.90.8065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Parts: Other: Other: Of heat pumps. The general rate of duty is 1.4 percent ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8415.90.8065, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8415.90.8065, 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. Part 177).

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request.  This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1).  This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.  In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

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 Sandra Martinez at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division