CLA-2-84:OT:RR:NC:N1:102

Shelley Oudinot
Tee-Zed Products, LLC.
5500 Adams Farm Lane, Suite 200 Greensboro, NC 27407

RE:  The tariff classification of fans from China

Dear Ms. Oudinot:

In your letter dated September 20, 2023, you requested a tariff classification ruling.

The merchandise under consideration is described as clip-on fans.  The first item, EZY-Fit Deluxe Clip-On Fan, consists of a fan with its blades in a cage-like enclosure.  The second item, EZY-Fit Clip-On Fan, consists of a fan with soft fin blades that are not enclosed.  The fan blades of both fans connect to their respective clip via a flexible neck, which allows the user to change the direction of air flow.  The portable fans can be used in a freestanding manner or secured onto a table, desk, crib, etc.  Both fans require the use of separately imported batteries which power a motor whose output does not exceed 125 watts. 

The applicable subheading for the EZY-Fit Deluxe Clip-On Fan and EZY-Fit Clip-On Fan will be 8414.51.9090, 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: Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125 W: Other: Other.  The rate of duty will be 4.7 percent ad valorem.

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 at https://hts.usitc.gov/current.

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. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Sandra Martinez at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division