The tariff classification of a misting fan from China

N183470 September 26, 2011 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8414.59.6060 Ms. Esther T. Corby Galaxy Global/Lasko Products 820 Lincoln Avenue West Chester, PA 19380 RE: The tariff classification of a misting fan from China Dear Ms. Corby: In your letter dated September 6, 2011 you requested a tariff classification ruling. Descriptive literature and a labeled schematic drawing were included with your submission. The product you plan to import is identified as a misting fan. This three speed fan is designed for outdoor use. It is comprised of a centrifugal fan/blower and a misting system consisting of a ball gate valve, a valve adapter, a hose adapter, a filter screen, a misting nozzle, a misting housing and a misting manifold. A garden hose attaches to the hose valve adapter and provides the water supply. The mist is forced out of three nozzles located in the front of the fan. You indicate that the unit can be operated as a fan without the misting feature turned on and that the mist and airflow can be adjusted by tilting the fan head upward or downward. You suggest classification of the misting fan under subheading 8424.89.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mechanical appliances (whether or not hand operated) for…dispersing…liquids…; parts thereof: other appliances: other or in the alternative subheading 8414.51.9090, HTSUS, which provides for table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125 watts. The item under consideration is not a mechanical sprayer of heading 8424, HTSUS, but rather a fan with a misting feature. Fans are provided for eo nomine, by name, under heading 8414, HTSUS. However, based on the information made available, we find that the misting fan is more specifically provided for as a centrifugal fan under HTSUS subheading 8414.59. The applicable subheading for the misting fan will be 8414.59.6060, HTSUS, which provides for other centrifugal 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