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August 20, 1999

CLA-2-84:RR:NC:1:104 E86213

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.39.8015

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of an automobile air ionizer from China

Dear Mr. Epstein:

In your letter dated August 18, 1999 on behalf of Avon Products, Inc. you requested a tariff classification ruling.

The “Car Air Ionizer” – PP 196296 is designed to cleanse the air inside an automobile by eliminating airborne pollutants and particulates, such as dust, pollen and cigarette smoke. The ionizer which is designed to fit into and operate from the automobile’s cigarette lighter draws its power from the automobile’s battery. It generates negative ions from an electrical charge. The air is cleansed when the negative ions neutralize the positive ions found in polluted air. The ionizer features built-in color indicator lights which indicate when the unit is in operation. The lights also serve to monitor the ionizer’s operation. Examination of the submitted sample shows the item to be approximately 4 ¼ inches in length. It is contained in a plastic housing with vents and has a cigarette lighter plug.

The sample you submitted is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirements of 19 U.S.C. 1304. Marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

We are returning your sample as you requested.

The applicable subheading for the “Car Air Ionizer” – PP 196296 will be 8421.39.8015, Harmonized Tariff Schedule of the United States (HTS), 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: Other...Dust collection and air purification equipment: Other. The rate of duty will be Free.

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 Robert Losche at 212-637-7038.

Sincerely,

Robert B. Swierupski
Director,

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