The tariff classification of an air purifier from China

N245829 October 21, 2013 CLA-2-84:OT:RR:NC:N1:120 CATEGORY: Classification TARIFF NO.: 8421.39.8015 Ms. Kristina Schmitt NUK-USA 728 Booster Blvd. Reedsburg, WI 53959 RE: The tariff classification of an air purifier from China Dear Ms. Schmitt: In your letter dated September 3, 2013, you requested a tariff classification ruling. The merchandise under consideration is the NUK® Egg Air Purifier, which measures 9.36 inches in diameter by 11.36 inches high. It is packaged and put up for retail sale with a plug lock and a user manual. The NUK® Egg Air Purifier is an allergen reducer that functions as an air cleaner by helping to remove various types of particulates (pollen, dust, pet dander, and dust mites) from the air. It contains a permanent Hepa-Type filter to remove the particulates with 99 percent efficiency at 2 microns. It also contains an ionizer to emit ions for removing dust particles from the air in order to provide a fresher, more pollutant-free breathing space. A three-speed fan draws air through the bottom panel of the egg-shaped housing, and the purified air is released through the top panel of the machine. The air purifier features an ancillary nightlight and is imported with a standard two-prong child-resistant plug lock. This plug lock is a separate plastic locking device that keeps the plug from being pulled out of the wall by a child, and secures the air purifier’s plug to the wall. The air purifier is intended for household use in a nursery. The General Rules of Interpretation (GRIs) of the Harmonized Tariff System of the United States (HTSUS) govern the classification of goods put up in sets for retail sale. GRI 3(b) provides, in relevant part, that goods put up for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes (ENs) of the HTSUS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), "goods put up in sets for retail sale" refer to goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repackaging. The NUK® Egg Air Purifier, plug lock and user manual meet this definition. As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. All of the aforementioned articles are prima facie classifiable in different headings. Together, each enables the user to carry out the specific activity of continuously purifying. The imported packaging will be sold at retail without any repackaging after importation. It is the opinion of this office that the NUK® Egg Air Purifier imparts the essential character of this set. It is clearly the dominant item by use, function, and value and is the reason one would purchase the set. The applicable subheading for the air purifier will be 8421.39.8015, HTSUS, 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: 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/. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division