CLA-2-84:OT:RR:NC:N1:105
Jamey Bowser Logistics Plus Inc 2601 David Hutchison Rd Rock Hill, SC 29730
RE: The tariff classification of air purifiers from China
Dear Mr. Bowser:
In your letter dated February 7, 2024, on behalf of your client, Medify Air LLC, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The first item under consideration is described as the MA-25 Air Purifier, which is a dust collection air cleaning device that uses a combination of HEPA filtration and activated charcoal. The device is designed to cover up to 1000 square feet every 60 minutes. The air purifier comes with two grill covers, two pre-filters, two true H13 HEPA filters, two carbon filters, a control panel, fan (which can be set to three different speeds), and various additional minor parts. The pre-filter removes hair, fibers, and large particles like dander. The true HEPA H13 filter removes 99.9% of particles down to 0.1 microns and captures pollen, dust mites, and other tiny airborne particles that are not seen. The activated carbon filter removes toxic odors, smoke and formaldehyde. The device measures 13.5 inches high by 8 inches wide by 8 inches deep and weighs 7.3 pounds.
The second item under consideration is described as the MA-WM35 Air Purifier, which is a dust collection air cleaning device that uses a combination of HEPA filtration, activated charcoal and ionization. The device is designed to cover up to 1280 square feet every 60 minutes. The air purifier comes with a front panel, pre-filter, HEPA filter, activated carbon filter, purifier body with fans and ionizer, and tabletop stand. Additionally, a mounting bracket is provided if the user prefers to hang from a wall as opposed to sitting on a tabletop. The pre-filter removes hair, fibers, and large particles like dander. The true HEPA H13 filter removes 99.9% of particles down to 0.1 microns and captures pollen, dust mites, and other tiny airborne particles that are not seen. The activated carbon filter removes toxic odors, smoke and formaldehyde. The ionizer produces negative ions to neutralize positively charged particles such as dust, bacteria, mold spores, pollen, animal dander and other airborne positive particles. The device measures 15.6 inches high by 23.2 inches wide by 3.9 inches deep and weighs 13.6 pounds.
The third item under consideration is described as the MA-40 Air Purifier, which is a dust collection air cleaning device that uses a combination of HEPA filtration, activated charcoal and ionization. The device is designed to cover up to 1600 square feet every 60 minutes. The air purifier comes with a front air inlet, pre-filter, HEPA filter, activated carbon filter, purifier body with fans and ionizer, and back cover. The pre-filter removes hair, fibers, and large particles like dander. The true HEPA H13 filter removes 99.9% of particles down to 0.1 microns and captures pollen, dust mites, and other tiny airborne particles that are not seen. The activated carbon filter removes toxic odors, smoke and formaldehyde. The ionizer produces negative ions to neutralize positively charged particles such as dust, bacteria, mold spores, pollen, animal dander and other airborne positive particles. The device measures 22 inches high by 9.9 inches wide by 10.9 inches deep and weighs 15.5 pounds.
The fourth item under consideration is described as the MA-50 Air Purifier, which is a dust collection air cleaning device that uses a combination of HEPA filtration, activated charcoal and ultraviolet (UV) light. The device is designed to cover up to 2200 square feet every 60 minutes. The air purifier comes with a pre-filter, HEPA filter, activated carbon filter, purifier body with fans and UV light, and grill cover. The pre-filter removes hair, fibers, and large particles like dander. The true HEPA H13 filter removes 99.9% of particles down to 0.1 microns and captures pollen, dust mites, and other tiny airborne particles that are not seen. The activated carbon filter removes toxic odors, smoke and formaldehyde. The UV light is designed to use short-wave ultraviolet light to inactivate airborne pathogens and microorganisms like mold, bacteria and viruses. The device measures 24.6 inches high by 12.4 inches wide by 12.4 inches deep and weighs 16 pounds.
The fifth item under consideration is described as the MA-112 Air Purifier, which is a dust collection air cleaning device that uses a combination of HEPA filtration and activated charcoal. The device is designed to cover up to 5000 square feet every 60 minutes. The air purifier comes with a left cover, two pre-filters, two HEPA filters, two activated carbon filters, purifier body with fans, and a right cover. The pre-filter removes hair, fibers, and large particles like dander. The true HEPA H13 filter removes 99.9% of particles down to 0.1 microns and captures pollen, dust mites, and other tiny airborne particles that are not seen. The activated carbon filter removes toxic odors, smoke and formaldehyde. The device measures 28.3 inches high by 15.7 inches wide by 15.4 inches deep and weighs 32.8 pounds.
As suggested in your letter, the applicable subheading for the MA-25, MA-WM35, MA-40, MA-50 and MA-112 air purifiers will be 8421.39.0115, Harmonized Tariff Schedule of the United States (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.” 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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division