CBP Ruling N059584 — The tariff classification of an air purifier from China

Tariff classification

Headings: 8414

Product description

Descriptive literature and an illustration were submitted. The item you plan to import is described as the “Andrea” air purifier/filter. This plastic air filtration unit uses a plant to remove airborne contaminants, toxins and other pollutants from the environment rather than being collected in filters. The plant is not included with this product. Air enters an upper vessel where toxic substances are deposited and absorbed by the plant’s leaves. The air then passes through the soil and the roots of the plant before entering a moist-air environment. Living bacteria/microorganisms in the soil as well as the roots and moist air all absorb and metabolize the gaseous substances thus purifying the air. Once this process is completed, the purified/clean air is released from the filter by means of a high powered fan. You suggest that the air purifier is correctly classified under subheading 8421.39.8015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Filtering or purifying machinery and apparatus for gases: Other: …air purification equipment: Other. However, the item under consideration does not include a filter and therefore is precluded from classification under that subheading. We find that the air purifier is provided for as a fan in HTSUS heading 8414.

CBP rationale

The applicable subheading for the air purifier will be 8414.59.6095, HTSUS, which provides for other fans.

Full text

N059584 May 26, 2009 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8414.59.6095 Mr. Tom Hadfield LaboGroup 108 Inman Street Cambridge, MA 02139 RE: The tariff classification of an air purifier from China Dear Mr. Hadfield: In your letter dated April 21, 2009 you requested a tariff classification ruling. Descriptive literature and an illustration were submitted. The item you plan to import is described as the “Andrea” air purifier/filter. This plastic air filtration unit uses a plant to remove airborne contaminants, toxins and other pollutants from the environment rather than being collected in filters. The plant is not included with this product. Air enters an upper vessel where toxic substances are deposited and absorbed by the plant’s leaves. The air then passes through the soil and the roots of the plant before entering a moist-air environment. Living bacteria/microorganisms in the soil as well as the roots and moist air all absorb and metabolize the gaseous substances thus purifying the air. Once this process is completed, the purified/clean air is released from the filter by means of a high powered fan. You suggest that the air purifier is correctly classified under subheading 8421.39.8015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Filtering or purifying machinery and apparatus for gases: Other: …air purification equipment: Other. However, the item under consideration does not include a filter and therefore is precluded from classification under that subheading. We find that the air purifier is provided for as a fan in HTSUS heading 8414. The applicable subheading for the air purifier will be 8414.59.6095, HTSUS, which provides for other fans. The rate of duty will be 2.3 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 Kenneth T. Brock at (646) 733-3009. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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