CLA-2-84:OT:RR:NC:N1 102
Kristin Qi
Ningbo Singfun Import & Export Co., Ltd.
Fuhai Town Ningbo, 315300 China
RE: The tariff classification of a misting fan from China. Modification to New York ruling N339097.
Dear Ms. Qi:
In your email response dated May 17, 2024, you clarified certain aspects of the information regarding a misting fan that was previously considered in New York ruling N339097. This ruling replaces N339097, which was issued on April 24, 2024.
In New York ruling N339097, we considered the classification of a cordless electric misting fan, model number 24-0307. The three-speed fan is designed for indoor and outdoor use. It is comprised of a rotating fan blade powered by an electric motor and a 24-volt lithium battery. The fan blades and hub, referred to as an impeller, are contained within front and rear covers. When the user wishes to activate the misting feature, the user places the intake valve located on the bottom back of the fan into a water source such as a container of water. The pump can then be turned on using the pump switch with each subsequent press of the pump switch increasing the speed the mist is projected from the unit's nozzles. The fan itself is turned on using the power switch. The mist and airflow can be adjusted by tilting the fan head. You have indicated the fan is capable of being used with or without the misting feature. The weight of the fan is approximately 6.5 lbs., and 13.78 inches by 14 inches by 15.75 inches in size.
Based on the descriptive information that was initially provided, we classified the misting fan under subheading 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; parts thereof: Fans: Other: Other: Other: Other: Axial.
In your email, you explain that the originally provided illustrations were only to demonstrate the misting process. The height of this portable fan is such that it allows for it to be used on a table and the originally submitted illustrations have been modified to reflect the fan's height makes it suitable for use on a table. Also, the marketing information and the user's manual will reflect the fan is to be used on a table. It is further mentioned that the fan may be placed on a floor, but it may be inconvenient and unsafe if used on a floor. You go on to state that the fan is powered using a self-contained electric motor of an output not exceeding 125 watts. Without the benefit of this information, the misting fan was misclassified within subheading 8414.59.6590 in NY ruling N339097. Table fans with a self-contained electric motor of an output not exceeding 125 watts are classified with subheading 8414.51.
Accordingly, the applicable subheading for the cordless electric misting fan, model number 24-0307, will be 8414.51.9090, 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; parts thereof: Fans: Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125 W: Other: Other. The general rate of duty is 4.7 percent ad valorem.
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 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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division