CLA-2-84:OT:RR:NC:N1:105
Amanda Holley
Kepla USA
5193 Altizer Avenue
Huntington, WV 25705
RE: The tariff classification of desiccant adsorption air dryers from China
Dear Ms. Holley:
In your letter dated September 20, 2018, you requested a tariff classification ruling.
The products at issue in your submission are described as regenerative desiccant adsorption air dryers. The air dryers are apparatus that are designed to remove the moisture from compressed air. Compressed air from a separate compressor enters the air dryers, where the excess moisture is adsorbed by the desiccant media (generally alumina or molecular sieve) contained within the apparatus. The desiccant air dryers at issue utilize a dual column design wherein desiccant in one column can regenerate while the other column performs the adsorption function. The compressed air exits the adsorption air dryer with the moisture removed, and is channeled through the compressed air system to its ultimate destination (generally a separate piece of equipment or apparatus that requires dry, clean air).
Based on the information provided, the regenerative desiccant adsorption air dryers serve to remove excess moisture and water vapor from compressed air so it can be used for sensitive industrial processes. The dryers are similar in form and function to the desiccant dryers described in New York Ruling Letter N186578, dated October 28, 2011.
The applicable subheading for the desiccant adsorption air dryers will be 8421.39.8015, Harmonized Tariff Schedule of the United States (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 gases: Other: Other: Dust collection and air purification equipment: Other. 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. The 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. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) 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 8421.39.8015, 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 8421.39.8015, 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