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

Ms. Lisa Murrin
Expeditors Tradewin, LLC
795 Jubilee Drive
Peabody, MA 01960

RE: The tariff classification of high velocity fans from China

Dear Ms. Murrin:

In your letter dated September 27, 2019 you requested a tariff classification ruling on behalf of your client, Hawthorne Hydroponics LLC. Descriptive information was included with your submission.

The three items in question are described as Hurricane® Pro High Velocity fans, part numbers 736472, 736474 and 736476. Part 736472, is referred to as an Oscillating Metal Stand Fan. The floor standing fan features an adjustable tilt and is mounted on a stand. Part number 736474 is referred to as an Oscillating Metal Wall Mount Fan. The wall mounted fan features an adjustable tilt and three speed settings with oscillation controls. Part number 736476 is referred to as a Velocity Metal Floor Fan. The metal floor fan features three speed settings, an adjustable tilt and is designed to be placed on a flat surface, such as a floor. The high velocity axial fans have an electrical rating that exceeds 125 watts and can be used in a variety of places, to include homes, greenhouses, garages, workshops, etc.

The applicable subheading for the Hurricane® Pro High Velocity fans, part numbers 736472, 736474 and 736476, 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.

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. 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. 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