CLA-2-84:OT:RR:NC:1:104
Mr. Holger R. Hartmaier
DBK USA Inc.
212 Northeast Drive
Spartanburg, SC 29303
RE: The tariff classification of Speedry® from the United Kingdom
Dear Mr. Hartmaier:
In your letter dated May 20, 2010 you requested a tariff classification ruling.
Classification is being requested on a newly developed portable dryer called Speedry®. This dryer is a professional solution to drying flood damaged properties faster and more economically. The Speedry® operation is based upon its continual evaluation of the humidity and temperature status of the room that needs to be dried and then it operates in the mode that provides maximum drying effect. When the Speedry® is first turned on, it operates in a re-circulation mode. This mode takes air from within the room being dried and continually reheats it until the pre-set temperature and humidity levels have been reached. When the temperature and humidity levels have been reached, it switches automatically to exhaust mode where powerful fans extract the air from the room and replace it with an equal amount of fresh and pre-heated air. The Speedry® constantly monitors and adjusts the room’s environment by exchanging the moist air with warm, dry air in a controlled manner to remove odors and ensures a faster, fresher and more efficient drying environment.
The unit has a self-contained electric motor. It weighs 55kg and measures 1390mm (L) x 625mm (W) x 780mm (H) (approx). It has a rated voltage of 230VAC, a 2.5kW rated power and a 50Hz frequency.
The Speedry® gives clear status information and has an automatic KWh metering. The dryer has a datacard that automatically logs the project progress. It is simple to upload to a PC and view the results. The Speedry® continually adapts to conditions in the room and is further enhanced by use of an infra-red wall sensor option which communicates the dryness of specific points around the room to the Speedry®.
In your letter, you suggest that the speed dryer would be correctly classified as machinery…, whether or not electronically heated, for the treatment of materials by a change in temperature…: dryers: other, other in subheading 8419.39.0180, Harmonized Tariff Schedule of the United States (HTSUS). This would not be the correct classification as the device is not designed to dry or change the condition of any particular object or objects primarily by the direct or indirect application of heat. Thus, subheading 8419.39.0180, HTSUS, would not be applicable.
The applicable subheading for the Speedry® will be 8479.89.6500, 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: Electromechanical appliances with self-contained electric motor: Other. The rate of duty will be 2.8 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 on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division