CLA-2-84:OT:RR:NC:N1:105
Robert Hornyan
ACB Import Services, Inc.
2153 E. Jones Avenue
Phoenix, AZ 85040
RE: The tariff classification of swimming pool cleaners from China
Dear Mr. Hornyan:
In your letter received on August 3, 2018, on behalf of Bestway USA, Inc., you requested a tariff classification ruling.
Your submission concerns two swimming pool cleaning products, identified as the Flowclear AquaClean Pool Cleaning Kit and the Flowclear Aquaclimb Automatic Pool Cleaner.
The Flowclear AquaClean Pool Cleaning Kit consists of a vacuum head, an aluminum pole, a vacuum hose, a reusable debris bag, and a skimmer. The components combine to form a powerful lightweight vacuum system that will be used to remove debris from the floor and walls of a pool. The vacuum system, which is designed to be connected to the pool’s filter pump when in operation, is only suitable for use underwater.
The Flowclear AquaClimb Automatic Pool Cleaner is a self-propelled pool vacuum that is specially designed for use with soft-wall aboveground swimming pools. To use the AquaClimb, one first connects it to the pool’s filtration system and activates the pump. Once activated, the AquaClimb will move across the bottom of the pool and vacuum up detritus such as dirt, leaves, and sand. The AquaClimb features an integrated pre-filter and filter basket, and the product will operate continuously until the filter basket is full. The AquaClimb is only suitable for use underwater, and cannot operate aboveground.
Based on the information provided, the two products at issue largely operate as underwater pool vacuums. In this respect they serve a function similar to that of the swimming pool cleaning machine described in New York Ruling Letter N284203, dated April 3, 2017. As was noted in that ruling, 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.
The applicable subheading for the Flowclear AquaClean Pool Cleaning Kit and the Flowclear Aquaclimb Automatic Pool Cleaner will be 8421.21.0000, 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 general rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. Subsequently, USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710) and August 16, 2018 (83 F.R. 40823). Products of China that are provided for in subheading 9903.88.01 or 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(b) or U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 8421.21.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8421.21.0000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division