CLA-2-84:OT:RR:NC:N1:104
Christy King
American Emo Trans Inc
PO Box 19030 Charlotte, NC 28219
RE: The tariff classification of an air washer from Germany
Dear Ms. King:
In your letter dated August 5, 2024, you requested a tariff classification ruling on behalf of your client, LTG, Inc.
The item at issue is the Scrubvap air washer, manufactured by Lavair AG Klimatechnik. Also known as a circulating water nozzle spray humidifier, this machine creates humidification and evaporative (adiabatic) cooling through atomization of water supplied under pressure. The resulting water droplets adsorb coarse dust particulates and some gases such as sulfur dioxides, nitrogen oxides, and ozone, in effect purifying or washing the air, with the removal rate depending principally on the number of spray nozzles employed and the water pressure applied. The Scrubvap is comprised of a collection tank, a stainless steel housing, nozzle pipes with holes onto which a number of spray nozzles are mounted, baffle plates, and eliminators. An externally mounted, motorized water circulating water pump (20 - 50 HP, 480V 3-phase) is normally imported with the unit but can also be supplied by the customer.
In operation, the recirculating pump picks up water from the washer tank and pushes it through the nozzle pipes to the spray nozzles. The spray nozzles create a fine pattern of sprayed water which comes into contact with air coming into the machine’s chamber, resulting in heat transfer between the air and water. This forms a dense shower or mist of small water droplets. The water droplets produced by the nozzles can evaporate quickly, thereby increasing the amount of water (humidity) in the air. The water that is not evaporated is captured in a tank and water is recirculated to the nozzles. Eliminator plates at the air-leaving end of the air washer prevent water droplets from being carried with air. At the air intake end, baffle plates prevent droplets from being carried off with uneven airflow.
The Scrubvap air washer is used in a wide variety of industrial settings such as paint shops in the automobile and aviation industries, printing plants, paper mills, textile plants, airports, offices, and in clean rooms for semiconductor production.
You state that the Scrubvap can be configured to provide humidification only, i.e., without air purification (in part by using fewer spray nozzles and less water pressure); however, it cannot be configured to provide air purification without humidification. In any case, you indicate that the large majority of the imported Scrubvap units will be configured and used for both humidification and air purification.
The Scrubvap is always used inside of, and connected to, an industrial HVAC system. It cannot be used as a stand-alone unit. It can also be installed inside a large air handling unit. A large, motorized fan, which is usually part of the HVAC system and not included with the air washer, must be used to push or pull air through the air washer. The Scrubvap can be connected to an HVAC system’s electric power unit (or system) or it can provide its own power, depending upon the customer’s needs. The Scrubvap’s controls will always be connected within the controls of the HVAC system, as it is designed to work as one system.
Note 8 to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS), provides: “Subject to note 2 to this chapter and note 3 to section XVI, a machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 8479.”
We do not consider the Scrubvap to be a composite article within the meaning of Note 3, Section XVI. The purpose of the Scrubvap air washer is two-fold: to provide humidification to the air while simultaneously, and to varying degrees, removing certain particulates and contaminants from the air. The machine is not described in any single heading, and neither purpose can be said to constitute the principal purpose. Therefore, the Scrubvap is classifiable in subheading 8479.89, HTSUS.
By operation of GRI 1 and 6, the applicable subheading for the Scrubvap air washer will be 8479.89.9599, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other”. The rate of duty will be 2.5 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.
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 Arthur Purcell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division