CLA-2-84:OT:RR:NC:N1:105
Lara A. Austrins
Benjamin L. England & Associates, LLC
810 Landmark Drive, Suite 126
Glen Burnie, Maryland 21061
RE: The tariff classification of Air Purifiers from China
Dear Ms. Austrins:
In your letter dated October 19, 2022, on behalf of your client, Dernier and Hamlyn Inc., you requested a tariff classification ruling. Descriptive literature and pictures were provided for our review.
The first item under consideration is the AAHE-50WC04C Air Purifier with HOCL technology plus H13 True HEPA. The air purifier has a three-stage high efficiency particulate air (HEPA) filter along with a hypochlorous acid (HOCL) generator assembly used to purify the air. The main body of the unit has two chambers. The three-stage HEPA filter is in the bottom chamber and the HOCL generator assembly is in the upper chamber. A control panel is located on the top of the unit’s main body. The air purifier measures 13.6 inches x 9.13 inches x 35.18 inches, weighs 21.4 pounds and features a four-speed fan with a timer. The device has a sensor with an air quality light indicator that will emit blue for good quality air, yellow for moderate quality air, and red for poor quality air. The HOCL generator assembly located in the upper chamber consists of the HOCL generator and a cold evaporation filter (“CEF”). The HOCL generator has a water tank within the apparatus equipped with a built-in electrolytic plate. The HOCL is generated by combining water to a low concentration of sodium chloride and running electricity through the water. The unit uses a fan that draws room air from the bottom of the apparatus, where it passes through a 3-stage HEPA filter on the bottom of the apparatus and then the filtered air passes through the CEF, which is made of non-woven fabric, before exiting the top of the unit where it disperses and purifies the airspace of a room destroying a variety of bacteria and viruses. The 3-stage HEPA filter consists of a pre-filter, a HEPA filter, and an activated carbon filter. The pre-filter filters out large airborne particles, including dust, pollen, and hair. The HEPA filter removes particles from the air down to 0.3 microns and the activated carbon filter absorbs odors, gases, and volatile organic compounds (VOCs).
The second item under consideration is the AAE-30WN06 Air Purifier with HOCL technology. This device operates very similarly to the first item under consideration. The difference between the two is that the AAHE-50WC04C Air Purifier filter incorporates a 3-stage HEPA filter at the bottom of the unit while the AAE-30WN06 Air Purifier does not. This air purifier measures 11.8 inches high with a diameter of 8.7 inches, weighs 5.29 pounds and has a water tank capacity of 1800 ml. The air purifier’s pre-filter filters out large particulate matter including dust, pollen and hair. Once the air is drawn through the pre-filter at the bottom of the unit, it passes through the CEF prior to exiting through the outlet at the top of the unit. The CEF absorbs the HOCL water generated in the water tank. The HOCL water is then evaporated as the air passes through the CEF with the work of the fan and subsequently the hypochlorite molecules are released from the outlet at the top of the unit and dispersed into the airspace of the room purifying the air.
The third item under consideration is the AAE-50WN05 Air Purifier with HOCL Technology Plus Humidifier. This device is substantially similar to the AAE-30WN06 Air Purifier, however, this item also incorporates a humidifier that adds moisture to the room. The water tank on this model has a capacity of 2500 ml. The device measures 13.6 inches x 10.6 inches in diameter and weighs 7.28 pounds.
General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings, any relative section or chapter notes and, unless otherwise required, according to the remaining GRI’s taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3. GRI 3(a) states that the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings refers to only part of the machine then those headings are to be regarded as equally specific in relation to the function of the machine. As per Note 3 to Section XVI, composite machines consisting of two or more machines fitted together or machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component which performs the principal function. We determined that the AAE-50WN05 Air Purifier with HOCL Technology Plus Humidifier is a composite article with both the ability to purify air as well as the ability to add humidity to the room. After considering all of the GRI3(b) factors, we have concluded that GRI 3(b) applies based upon the importance of the air purification function. While the humidifier function is important, the primary reason a user would purchase this unit over a traditional humidifier is the ability to purify the air. Additionally, the purification functionality has a substantially greater cost over the humidification function.
In your letter, you suggest the applicable subheading for the AAHE-50WC04C Air Purifier with HOCL technology plus H13 True HEPA, the AAE-30WN06 Air Purifier with HOCL technology, and the AAE-50WN05 Air Purifier with HOCL Technology Plus Humidifier to be 8421.39.0115, 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 gases: Other: Dust collection and air purification equipment: Other.” We agree. The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8421.39.0115, 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., 9903.88.01, in addition to subheading 8421.39.0115, 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.
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 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division