CLA-2-84:OT:RR:NC:N1:405
Ross Padula
JP Reynolds Company, Inc.
101 SE 21st Street
Fort Lauderdale, FL 33316
RE: The tariff classification of a swimming pool cleaning machine from China
Dear Mr. Padula:
In your letter dated March 6, 2017, on behalf of Service Industry Solutions, Inc., you requested a tariff classification ruling.
The product at issue, the Riptide Pool Vacuum System, is described as a self-contained pool cleaning machine. Marketed as a portable commercial pool vacuum, the Riptide Pool Vacuum System consists of a vacuum unit with a 30lb thrust motor and a 24" vacuum head, incorporated into a wheeled cart. The system is powered by a 12 volt battery, and features a cord reel with a 45' power cord that connects the vacuum head to the Riptide’s battery. The Riptide is designed for the express purpose of removing underwater detritus from the bottom of swimming pools. The suction generated by the vacuum head enables it to pick up solid debris, such as leaves and dirt. The vacuumed debris is subsequently captured in a specially designed vacuum bag affixed to the vacuum head.
The Riptide Pool Vacuum System operates in a manner similar to that of the two pool vacuums addressed by Headquarters Ruling Letter H008519, dated December 18, 2008. In that ruling it was determined that pool vacuums that operate solely when they are underwater, thus playing no role in filtering the airstream, are more appropriately classified as filtering or purifying apparatus for liquids of subheading 8421.21, Harmonized Tariff Schedule of the United States (HTSUS), rather than as vacuum cleaners. As the Riptide Pool Vacuum System is designed to capture debris in an underwater environment, and has no ability to either filter the airstream or effectively operate when not submerged in water, classification in subheading 8421.21 would be appropriate for this product as well.
The applicable subheading for the Riptide Pool Vacuum System will be 8421.0000, HTSUS, which provides for Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: For filtering or purifying water. The rate of duty will be free.
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 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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division