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NY C89145

July 1, 1998

CLA-2-84:RR:NC:1:102 C89145


TARIFF NO.: 8414.51.0090; 8414.59.6090

Mr. Michael L. Utchell

Schenker International

10601 NW Ambassador Drive (Suite F)

Kansas City, MO 64153

RE: Classification of battery operated fans from Taiwan.

Dear Mr. Utchell:

In your letter dated June 10,1998 you requested a tariff classification ruling on behalf of your client ACI International.

The items in question are two "water spray fans", identified as model numbers TC-056 and TC-052, and a portable fan produced in a range of designs, including a miniature football, soccer ball, baseball, basketball and oversized golf ball. The portable fans all contain similar mechanisms and are identified as model numbers TC-023 through TC-027. Representative samples were submitted.

The "water spray fans" are battery operated axial fans attached to a hand operated spray bottle. The fans are designed to create a flow of air and provide an occasional cooling mist from the spray bottle. We consider the water spray fan to be a composite article, the essential character of which is imparted by the fan.

The portable fans are battery operated axial fans, which feature a flat base to allow for placement on a horizontal surface. Although the fans are portable and may be held in the hand during use, because of the flat base, we find that the articles are designed for use primarily as table fans.

The applicable subheading for the water spray fans will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other axial fans. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the water spray fans will be 8414.51.0090, HTSUS, which provides for other table fans, with a self-contained electric motor. The rate of duty will be 4.7 percent ad valorem.

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 212-466-5493.


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