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HQ 956741




November 2, 1994

CLA-2 CO:R:C:M 956741 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.29.00

Mr. Warren Coe
Amway Corporation
7575 E. Fulton Road
Department 52-2A
Ada, Michigan 49355

RE: HCM 9000 heater with warm mist humidifier; DD 897237 modified; heading 8509; Section XVI, note 3; EN 85.16

Dear Mr. Coe:

This is in reference to DD 897237, issued to you by the District Director of Customs, Seattle, Washington, on May 3, 1994, which concerned the classification of space heaters, humidifiers and a rechargeable lantern under the Harmonized Tariff Schedule of the United States (HTSUS). This is a reconsideration of the portion of DD 897237 concerning the model SKU No. X-5690 Vendor No. Holmes HCM 9000 heater with warm mist humidifier. Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter, "section 625"), notice of the proposed modification of DD 897237 was published August 17, 1994, in the Customs Bulletin, Volume 28, Number 33. After consideration of the two comments received in response to the notice, DD 897237 will be modified as set forth in this ruling.

FACTS:

The article in question is the model SKU No. X-5690 Vendor No. Holmes HCM 9000 "Total Comfort Heater with Warm Mist Humidifier." The HCM 9000 is a space heater with a separate warm mist humidifier. The device uses an encased Nickel-chrome element for whole room warmth, and a separate insulated, wrap around element for moisture production. The heater and humidifier function independently of each other and both have their own controls and safety shut-off mechanisms.

In DD 897237, the HCM 9000 was held to be classifiable under - 2 -
subheading 8509.80.00, HTSUS, which provides for other electromechanical domestic appliances, with self-contained electric motor.

ISSUE:

Whether the HCM 9000 heater with warm mist humidifier is classifiable under subheading 8509.80.00, HTSUS, which provides for other electromechanical domestic appliances, with self-contained electric motor.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

The HCM 9000 is a space heater with a separate warm mist humidifier. The device uses an encased Nickel-chrome element for whole room warmth, and a separate insulated, wrap around element for moisture production. The heater and humidifier function independently of each other and both have their own controls and safety shut-off mechanisms. The HCM 9000 is not an electromechanical device, and therefore, cannot be classified under heading 8509, HTSUS.

Note 3 to section XVI, HTSUS, provides that "composite machines consisting of two or more machines fitted together to form a whole and other machines adapted for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function." It is our opinion that the HCM 9000's principal function is space heating. Accordingly, the device is classifiable under subheading 8516.29.00, HTSUS, which provides for electric space heating apparatus.

HOLDING:

The model SKU No. X-5690 Vendor No. Holmes HCM 9000 heater with warm mist humidifier is classifiable under subheading 8516.29.00, HTSUS, which provides for electric space heating apparatus. The corresponding rate of duty for articles of this subheading is 3.7% ad valorem.

DD 897237, dated May 3, 1994, is modified accordingly.

In accordance with section 625, this ruling will become effective 60 days after publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does - 3 -
not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director

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