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NY R01615




March 18, 2005

CLA-2-84:RR:NC:N1:120: R01615

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.39.8015

Mr. Troy Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, Fl 33301

RE: The tariff classification of tower fan with ionizer from China

Dear Mr. Crago:

In your letter dated March 14, 2005 you requested a tariff classification ruling on behalf of Atico International, USA and Walgreens.

The tower fans with ionizers: models W014BA02001 (Height 22") and W014BA02009 (Height 41") circulate air in a room while generating ions to purify it. The ion generator is hardwired and permanently mounted inside the main housing cavity of the fan. Each model offers an ionizer output from -3KV to –8KVC and uses 120 VAC, 60 HZ, soft button switch controls, and LED readout. A remote control operates the fan speed, ionizer, oscillation, timer and mod and can be stored in the compartment opposite the control panel.

Heading 8414 provides for other centrifugal fans and excludes fans fitted with elements additional to their motors or housing such as filters (84.21) if such elements give them the characteristics of more complex machines. In this case, the ionizer gives the tower fan the characteristics of a more complex machine. The ionizer is a purifying apparatus that emits ions into the air to remove dust particles from the air, which are pulled into the ion generator by the fan. Ionization is when air passing through a filter becomes negatively charged and the air output attaches to positively charged pollutants resulting in pollutants dropping from the air. The ionizer provides a fresher, more pollutant-free breathing space.

The applicable subheading for the tower fans with ionizers: models W014BA02001 and W014BA02009 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: Other The rate of duty will be free from China.

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 Denise Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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