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May 17, 1999

CLA-2-84:RR:NC:1:102 E80841

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.6090

Ms. Machelle Blair
Wal*Mart Stores, Inc.
702 SW 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a fan from China

Dear Ms. Blair:

In your letter dated April 15, 1999 you requested a tariff classification ruling on behalf of Wal Mart Stores.

The item in question is identified as an oscillating 19 inch “stand fan”, style number hasf-2219. The classification of this model fan was previously considered in a classification ruling, D87381, issued by this office on February 10, 1999. A sample was submitted with the earlier ruling request.

In D87381 the fan was described as having three speed settings, oscillation control and an adjustable height of up to 56 inches. The classification rendered assumed that the self-contained electric motor which drove the fan blade had an output of 125 watts or less. Here we note that the item in question is in fact an axial fan with a self-contained electric motor of an output of 133 watts.

The applicable subheading for the fan, identified as style number hasf-2219, will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The rate of duty will be 2.3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kenneth T. Brock at 212-637-7026.

Sincerely,

Robert B. Swierupski
Director,

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