CLA-2-84:OT:RR:NC:N1:105
Rolf C. Hagan
305 Forbes Blvd.
Mansfield, Massachusetts 02048
RE: The tariff classification of an aquarium gravel cleaner from China
Dear Mr. Hagan:
In your letter dated October 6, 2025, you requested a tariff classification ruling. Descriptive literature was
provided for our review.
The item under consideration is described as the Fluval ProVac aquarium gravel cleaner, which is a
motor-driven, electric gravel vacuum designed for aquarium cleaning and maintenance. It uses consistent,
powered suction to remove dirt, debris, and fish waste from the substrate. The ProVac is a plug-in, 12V
electric unit that provides continuous power without a loss of suction. The device can perform two main
functions. First, it pulls in debris and cycles the water through an internal filter, returning filtered water to the
tank. This allows for cleaning without performing a water change. Second, the adapter included allows you to
connect a hose (sold separately) to pump water out of the tank for water changes. The cleaner has a
dual-density filter pad housed within a quick-release cartridge. The filter’s two layers trap both large and fine
waste particles. A gravel guard is integrated into the nozzle to prevent the intake of larger pieces of gravel,
which could cause clogging. The handle features two speed settings along with a pause button. The pause
feature allows any trapped gravel to be released from the nozzle. A spotlight LED is integrated into the
nozzle head to illuminate dark corners and hard-to-see areas of the tank. Finally, the cleaner features an
ergonomic handle for a comfortable grip during use and includes a nozzle extender for reaching the substrate
in deeper aquariums.
In your letter, you suggest the ProVac aquarium gravel cleaner to be classified in subheading 8509.80.5095,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electromechanical domestic
appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof,
other, other.” We disagree. We find the subject device is more specifically provided elsewhere. The cleaner’s
primary function is to filter water in an aquarium using the integrated filter. While it can also be used for
water changes, additional components are required. Therefore, classification in heading 8509, HTSUS, would
not apply.
The principal function of the Fluval ProVac is to filter and purify the water contained in an aquarium. This
process of filtering water is within the scope of heading 8421, HTSUS. See, e.g., Headquarters Ruling Letter
H008519, dated December 18, 2008 (classifying pool vacuums designed to contain filtration devices and
advertised, marketed, and sold principally for domestic use for in-house pools and spas in heading 8421) and
New York Ruling Letter N299756, dated August 30, 2018 (classifying swimming pool cleaners with
integrated filters in heading 8421). While these devices are electric, motor-driven, and marketed for use in a
domestic setting, their function as a filter or purifier for water takes precedence over the general “domestic
appliance” classification. Additionally, the ProVac aquarium gravel cleaner can be used in any application
where an aquarium requires cleaning, which could also include use in a commercial setting.
The applicable subheading for the Fluval ProVac aquarium gravel 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 March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e., 9903.01.24, in addition
to subheading 8421.21.0000, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition
to subheading 8421.21.0000, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 8421.21.0000, 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 9903.88.01 in
addition to subheading 8421.21.0000, 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, including
information on exclusions and their effective dates, 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.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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/.
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 Jason Christie at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division