The tariff classification of two swimming pool chlorinators from China

N299754 August 29, 2018 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8421.21.0000, 9903.88.01 Robert Hornyan ACB Import Services, Inc. 2153 E. Jones Avenue Phoenix, AZ 85040 RE: The tariff classification of two swimming pool chlorinators from China Dear Mr. Hornyan: In your letter received on August 3, 2018, you requested a tariff classification ruling. Your submission concerns two models of swimming pool chlorinators, identified as the Flowclear Chlorinator and the Flowclear AquaFeed Chlorinator. The Flowclear Chlorinator is designed to be installed in a swimming pool’s return line. The device produces up to 12 grams of pure chlorine per hour and introduces it into the water as a part of the pool’s daily filtration cycle. The Flowclear AquaFeed Chlorinator, also designed for installation in a swimming pool’s return line, serves a function similar to that of the Flowclear Chlorinator. The AquaFeed Chlorinator introduces chlorine into a swimming pool; however, while the Flowclear Chlorinator produces its own chlorine, the AquaFeed Chlorinator relies on dissolvable chlorine tablets. The Flowclear Chlorinator and Flowclear AquaFeed Chlorinator both introduce chlorine into swimming pools for the express purpose of purifying the water contained within the pool (the chlorine serves to destroy bacteria, algae, and oxidize other organic materials). The two chlorinators serve a function similar to that of the automatic chlorinator dispenser described in New York Ruling Letter 848700, dated January 26, 1990. The applicable subheading for the Flowclear Chlorinator and Flowclear AquaFeed Chlorinator will be 8421.21.0000, Harmonized Tariff Schedule of the United States (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 liquids: For filtering or purifying water. The rate of duty will be free. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. Subsequently, USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710) and August 16, 2018 (83 F.R. 40823). Products of China that are provided for in subheading 9903.88.01 or 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(b) or U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 8421.21.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8421.21.0000, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Evan Conceicao at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division