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NY N012758




July 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.5050; 8421.39.8015

Ms. Marsha L. Dawson
Graco Children’s Products Inc.
150 Oaklands Boulevard
Exton, PA 19341

RE: The tariff classification of humidifiers and an air purifier from China

Dear Ms. Dawson:

In your letter dated June 7, 2007, you requested a tariff classification ruling on humidifiers, an air purifier and replacement filters for humidifiers. You submitted instruction manuals for the humidifiers and air purifier.

The evaporative humidifiers for which you are requesting a ruling are identified in your letter as model numbers 2H00 and 2H02. Each humidifier has a self-contained electric motor. The evaporative humidifier adds moisture to the air in the form of water vapor, by using a fan to force air through a moistened-filter medium. The 2H00 Humidifier has a 1.5 gallon capacity, a water tray and a removable filter. The humidifier features a two-speed fan (high/quietmist) and a power on indicator that will light to indicate that the humidifier is on. You state that the 2H00 Humidifier weighs 5.95 lbs. The 2H02 humidifier has a 4 gallon capacity, a water tray and a removable filter. The humidifier features a three-speed fan (high/medium/quietmist), a power on indicator that will light to indicate that the humidifier is on, and an electronic humidistat with humidity setting buttons (up/down). The humidistat allows the user to set the humidity within a range from 20 percent to 90 percent, in 5 percent increments. You state that the 2H02 Humidifier weighs 10 pounds. The instruction manuals for the models 2H00 and 2H02 Humidifiers indicate that the appliances are intended for household use only.

The model number 2H04 Air Purifier is an allergen reducer that functions as an air cleaner by helping to remove particulates (such as pet dander, dust, pollen, mold and mildew spores, and smoke) from the air. The user plugs in the air purifier and turns it on to operate. The instruction manual states that the air is cleaned in three stages. A fan draws air through the sides of the front panel and the permanent filter removes particles from the air. The ionizer then releases negative ions into the air which attract positively charged particles. The purified air is released through the back of the air purifier. The instruction manual for the model 2H04 Air Purifier indicates that it is intended for household use only.

The applicable subheading for the model numbers 2H00 and 2H02 Humidifiers will be 8509.80.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, humidifiers, evaporative. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the model number 2H04 Air Purifier will be 8421.39.8015, HTSUS, which provides for filtering or purifying machinery and apparatus, for liquids or gases, filtering or purifying machinery and apparatus for gases, other, other, dust collection and air purification equipment, other. The rate of duty will be free.

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/.

You indicate that you will be importing replacement filter number 2H01 for the model 2H00 Humidifier, and replacement filter number 2H03 for the model 2H02 Humidifier. We need additional information in order to issue a ruling on the replacement filters. Please submit the information described below:

Provide samples of replacement filters 2H01 and 2H03 in the condition that they will be imported with the retail packaging.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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