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NY N012056




June 15, 2007

CLA-2-85:RR:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.5095

Mr. James Frederick Westlake
Danby Products Limited
P.O. Box 1778
5070 Whitelaw Road
Guelph, Ontario, Canada NIH 6Z9

RE: The tariff classification of dehumidifiers from China

Dear Mr. Westlake:

In your letter dated May 18, 2007, you requested a tariff classification ruling.

The merchandise is dehumidifiers with self-contained electric motors. The dehumidifiers for which you are requesting a ruling are identified in your letter as models DDR2507EE, DDR3007EE and DDR4007EE. As discussed with you during a telephone conversation on June 6, 2007, this office has previously ruled on Models DDR2507EE and DDR3007EE Dehumidifiers in New York Ruling Letter N010953 dated May 16, 2007.

The Model DDR4007EE Dehumidifier features a 40 U.S. pint (18.9 litre) capacity per 24 hours. The dehumidifier features a humidistat for adjustable humidity setting. The shipping weight of the unit is 38.5 lbs./17.5 kg. The net weight of the unit is 33 lbs./15 kg. Its dimensions are 13 6/16” (34 cm) in width by 10” (25.4 cm) in depth by 19 15/16” (50.6 cm) in height. Other features include a two-speed fan (high/low), an auto de-icer to prevent ice build-up on the condenser coils, and a removable air filter. The dehumidifier may be connected for direct drainage. The unit has castors for portability.

In your letter, you request that weight not be considered as a factor in determining classification but rather that the classification be based upon the functional application of your products. The Explanatory Notes (ENs) to heading 85.09 are very clear on this issue of weight. Note (B) to heading 85.09 reads “A non-limited class of articles are classified in this heading provided their weight is 20 kg or less.” The note also includes a list of representative articles included in this group. Note (B) (8) specifically refers to air humidifiers and dehumidifiers.

HQ 950218 dated April 17, 1992 reads, in pertinent part, “The Harmonized Commodity Description and Coding System Explanatory Notes were drafted subsequent to the preparation of the Harmonized System Nomenclature itself. The Conference Report on H.R. 3, the Omnibus Trade and Competitiveness Act of 1988, part 3, explained that the Explanatory Notes, while not legally binding, are generally indicative of proper interpretation of the various provisions of the Convention and that they should be consulted for guidance. H.R. Rep. No. 134, 100th Cong., 2nd Sess., at 1863 (1988).” Based on the Explanatory Notes and the text of the heading, the articles in question having a weight of 20 kg or less are classified under heading 8509, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the Model DDR4007EE Dehumidifier will be 8509.80.5095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other. The rate of duty will be 4.2 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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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