CLA-2 OT:RR:NC:N1:102
John Iside
Orbital Solutions, LLC
4733 Thelma Ave
Mays Landing, New Jersey 08330
RE: The classification of a neck fan from China
Dear Mr. Iside:
In your letter dated August 3, 2022, you requested a ruling on the classification of a neck fan.
The product under consideration is a 3 speed multi-use neck fan with LED lights. The neck fan is rechargeable and is designed to be worn from the back of an individual’s neck. At both ends of the neck fan are circular-shaped axial fans that circulate air on the neck and face. The fans, which can be rotated, feature LED lights, and the center of each fan can be filled with perfume or essential oils. When turned on, the LED lights will illuminate the fan blades to create an atmospheric look on the fans.
The applicable subheading for the 3 speed multi-use neck fan with LED lights will be 8414.59.6590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Axial. The general rate of duty will be 2.3 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading, 8414.59.6590, 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 8414.59.6590, 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.
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. Part 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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division