CLA-2-84:OT:RR:NC:N1:102
Kristin Qi
Ningbo Singfun Import & Export Co., Ltd.
Fuhai Town Ningbo, 315300 China
RE: The tariff classification of a misting fan from China
Dear Ms. Qi:
In your letter dated March 26, 2024, you requested a tariff classification ruling. An instruction manual was provided with your submission.
The item under consideration is identified as a cordless electric misting fan, model number 24-0307. The three-speed fan is designed for indoor and outdoor use. It is comprised of a rotating fan blade powered by an electric motor and a 24-volt lithium battery. The fan blades and hub, referred to as an impeller, are contained within front and rear covers. When the user wishes to activate the misting feature, the user places the intake valve located on the bottom back of the fan into a water source such as a container of water. The pump can then be turned on using the pump switch with each subsequent press of the pump switch increasing the speed the mist is projected from the unit's nozzles. The fan itself is turned on using the power switch. The mist and airflow can be adjusted by tilting the fan head. You have indicated the fan is capable of being used with or without the misting feature. The weight of the fan is approximately 6.5 lbs., and 13.78 inches by 14 inches by 15.75 inches in size.
The applicable subheading for the cordless electric misting fan, model number 24-0307, will be 8414.59.6590, 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; parts thereof: Fans: Other: Other: Other: Other: Axial. The general rate of duty is 2.3 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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8414.59.6590, 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 8414.59.6590, 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 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