CLA-2-84:OT:RR:NC:N1:104
Mr. Dave Soyka Manager
Trade Compliance
Stanley Black & Decker
1000 Stanley Drive
New Britain, CT 06053
RE: The tariff classification of a heating and cooling apparatus from Vietnam.
Dear Mr. Soyka:
In your letter dated November 29, 2021, you requested a tariff classification ruling.
Your ruling request describes a personal heating and cooling device known as the Chameleon MS4, product number BCWCC101-01.
The Chameleon MS4 is a wearable device designed for personal use. It is attached to a lanyard and is placed on the user’s upper back, directly on the skin. The device uses a battery-powered thermoelectric heat pump that works by moving heat away from or towards the user by an internal Peltier device. By pressing the cooling or warming controls, the device runs electricity in one direction to cool the skin or the opposite direction to warm the skin through contact with the thermal stainless-steel plate.
In your request, you proposed this product could be classified under subheading 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other domestic electrothermic appliances. We disagree. We note from the submitted documentation that the Chameleon MS4 is designed to be worn around the neck of the user. We point you to chapter 85 note 1(a), which states, “This chapter does not cover: Electrically warmed blankets, bed pads, foot-muffs or the like; electrically warmed clothing, footwear or ear pads or other electrically warmed articles worn on or about the person.” As this is electrically warmed and is “worn on or about the person,” it is excluded from classification within chapter 85, to include specifically subheading 8516.79.0000, HTSUS. As such, it must be classified elsewhere.
You also suggested that the heating and cooling apparatus could be classified within subheading 8415.83.0090, HTSUS, which provides for Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated; parts thereof: Other, except parts: Not incorporating a refrigerating unit: Other air conditioning machines not incorporating a refrigerating unit. We disagree.
In understanding the language of the HTSUS, the Explanatory Notes (ENs) may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
With regard to Heading 8415, the ENs explain that this heading provides for certain apparatuses maintaining required conditions of temperature and humidity in closed spaces. The Chameleon MS4 apparatus is used to cool or heat the ambient temperature of the environment surrounding the user, rather than a closed space. Thus, the apparatus does not meet the terms of the heading, and as such, is excluded from consideration of heading 8415.
The applicable subheading for the Chameleon MS4 heating and cooling apparatus, product number BCWCC101-01, as described above, will be subheading 8479.89.9499, 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%.
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 Denise Hopkins at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division