CLA-2-85:OT:RR:NC:N4:415
Ms. Terry Coker
Noatum Logistics
2077 Convention Center Concourse
Atlanta, GA 30337
RE: The tariff classification of electric space heaters from China.
Dear Ms. Coker:
In your letter dated February 06, 2020, you requested a tariff classification ruling on behalf of your client, Perfect Aire, LLC. In the future, please limit each ruling request to no more than five items.
Your request consists of six electric space heaters. They would all be deemed portable and per your documentation, they are all fan-forced.
The first heater is listed as “1500/1300W Milkhouse Electric Wire Element Heavy Duty Fan Forced Heater,” factory model number DQ1702. Per your submission, it uses a wire heating element, measures 10.24 inches by 14.30 inches by 7.01 inches, and weighs 2.2 kilograms.
The second heater is listed as “1500/900W Ceramic Heater,” factory model number NT15-16LA. Per your submission, it uses a ceramic heating element, measures 7.28 inches by 10.31 inches by 6.10 inches, and weighs 1.75 kilograms. It has two heat settings.
The third heater is listed as “1500/1000W Electric Ceramic Utility Heater,” factory model number FH16P-DM. Per your submission, it uses a ceramic heating element, measures 7.5 inches by 8.7 inches by 8.7 inches, and weighs 1.84 kilograms. It has three settings, fan, low, and high, and has an adjustable thermostat.
The fourth heater is listed as “23[-inch] 1500/900W Digital Oscillating Ceramic Tower Heater,” factory model number NTH15-18MR. Per your submission, it uses a ceramic heating element, measures 7.17 inches by 22.95 inches by 7.17 inches, and weighs 2.55 kilograms. It has two heat settings.
The fifth heater is listed as “22[-inch] 1500/750W Infrared Radiant Tower Heater,” factory model number TQH06. Per your submission, it uses infrared quartz heating elements, measures 12.4 inches by nine inches by 22.2 inches, and weighs 2.29 kilograms. It has two heat settings.
The sixth heater is listed as “1500/1000W 6 Tube Infrared Heater,” factory model number GD9210BD1-6AJ. Per your submission it uses radiant quartz heating elements, measures 11 inches by 12.87 inches by 15 inches, and weighs 5.35 kilograms. It features a remote control.
The applicable subheading for these six electric space heaters will be 8516.29.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "[e]lectric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: [e]lectric space heating apparatus and electric soil heating apparatus: [o]ther: [p]ortable space heaters: [f]an-forced.” The column one, general rate of duty is 3.7 percent.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8516.29.0030, 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, i.e., 9903.88.03, in addition to subheading 8516.29.0030, 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, 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 articles in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of this prospective tariff classification ruling. For further information regarding specific entry issues, please contact your assigned CBP Center of Excellence & Expertise office prior to importation of the goods.
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.
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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division