CLA-2 OT:RR:NC:N1:102
Gina Lee
DK Express, Inc.
500 W. 190th St, Suite 200
Gardena, California 90248
RE: The classification of fans and coolers from China
Dear Ms. Lee:
In your letter dated July 29, 2022, you requested a ruling on the classification of fans and coolers.
Item one is identified as the ARGB Personal Computer (PC) Fan, model number IF120. The PC Fan primarily consists of a plastic housing, an axial fan, and an LED strip that lights up as the fan blades rotate. The PC Fan is contoured to fit within the casing of a PC and features a three-pin connector that permits its connection to the motherboard of a PC. The PC Fan dissipates heat and keeps the system of the PC cool while in operation.
Item two is identified as the ARGB Fan with Controller, model number IF120A3. The PC fan primarily consists of a plastic housing, an axial fan, an LED strip that lights up as the fan blades rotate, and an electronic controller. The fan is contoured to fit within the casing of a PC and features a SATA type of connector that permits its connection to the motherboard of a PC. The PC Fan dissipates heat and keeps the system of the PC cool while in operation.
Item three is identified as the AF135B Fan, model number ZM-AF135B PWM. The fan primarily consists of a plastic housing, and an axial fan. The fan is contoured to fit within the casing of a PC and features a four-pin connector that permits its connection to the motherboard of a PC. The fan dissipates heat and keeps the systems of the PC cool while in operation.
Item four is identified as the Performa CPU Air Cooler (Performa), model number CNPS10X, which consists of an electric fan, heat pipe, heatsink, plastic housing, and radiator. The Performa is intended to be mounted directly to the central processing unit (CPU) of a PC for the purpose of dissipating heat generated during operation. The Performa is stated to be compatible with several CPU socket configurations.
Item five is identified as the Reserator5 CPU Liquid AOI Cooler (Reserator5), model number Z36, which consists of a dual blade water pump, plastic housing, radiator, and three electric fans. On the pump housing are LED lights that are connected to the motherboard that support RGB lighting controls. The Reserator5 is intended to be mounted directly to the CPU of a PC for the purpose of dissipating heat generated during operation. The Reserator5 is stated to be compatible with several CPU socket configurations.
The applicable subheading for the ARGB Personal Computer Fan, model number IF120, ARGB Fan with Controller, model number IF120A3, and the AF135B Fan, model number ZM-AF135B PWM, will be subheading 8414.59.1500, Harmonized Tariff Schedule of the United States (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; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Fans: Other: Fans of a kind used solely or principally for cooling microprocessors, telecommunications apparatus, automatic data processing machines or units of automatic data processing machines. The general rate of duty is Free.
The applicable subheading for the Performa CPU Air Cooler, model number CNPS10X, and the Reserator5 CPU Liquid AOI Cooler, model number Z36, will be 8473.30.5100, HTSUS, which provides for Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other. The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 8414.59.1500 and 8473.30.5100, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty under 9903.88.03. At the time of importation, you must report the Chapter 99 subheading, 9903.88.03, in addition to subheadings 8414.59.1500 and 8473.30.5100, 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, including information on exclusions and their effective dates, 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.
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).
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