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HQ 963865

May 31, 2000

CLA-2 RR:CR:GC 963865 AML


TARIFF NO.: 8414.59.60.40

Ms. Jacqueline A. Bonace
Blair Corporation
220 Hickory Street
Warren, PA 16366-0001

RE: Car fans; NY 879310 revoked

Dear Ms. Bonace:

This is in regard to New York Ruling Letter (NY) 879310, issued to you by the Customs National Commodity Specialist Division, New York, on November 3, 1992. In that ruling, a 12-volt, two speed plastic car fan, model # PS-740, was classified under subheading 8414.51.00, Harmonized Tariff Schedule of the United States (HTSUS). We have reviewed the classification of the item and determined that it is incorrect. This ruling sets forth the correct classification.


The car fan was described in NY 879310 as follows:

The item in question, model # PS-740, is a 12-volt two speed plastic auto fan. It is 4.6 inches in size and has 5 blades. The fan is designed for use in automobiles, trucks and boats. It plugs directly into the cigarette lighter socket for use.


Whether the car fan is classifiable under subheading 8414.59.60.40, HTSUS, as fans suitable for use with motor vehicles; or subheading 8451.51.00, HTSUS, as other table, floor, wall, window, ceiling or roof fans?


Classification of imported merchandise is accomplished pursuant to the Harmonized Tariff Schedule of the United States (HTSUS). Classification under the HTSUS is guided by the General Rules of Interpretation of the Harmonized System (GRIs). GRI 1, HTSUS, states in part that “for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes[.]”

The HTSUS headings and subheadings under consideration are as follows:

8414 Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof:
8414.51.00 Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125 W[.]

8414.59 Other:
8414.59.60 Other:
8414.59.60.40 Suitable for use with motor vehicles.

When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. Customs believes the ENs should always be consulted. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Heading 8414, HTSUS, provides for, inter alia, fans. Pursuant to GRI 6, each of the subheadings within heading 8414 are considered in order to determine which best describes the articles in question. The ENs to heading 8414 provide that:

These machines, which may or may not be fitted with integral motors, are designed either for delivering large volumes of air or other gases at relatively low pressure or merely for creating a movement of the surrounding air.

Those of the first kind may act as air extractors or as blowers. They consist of a propeller or blade-type impeller revolving in a casing or conduit, and function on the principle of rotary or centrifugal compressors.

The second type are of more simple construction, and consist merely of a driven fan rotating in free air.

The car fans, because of their size, are of relatively simple construction and are designed to move the air in the small space of the passenger compartment of an automobile.

The car fans are equipped with a protuberance that is designed to fit into the cigarette lighter receptacle commonly found on or near the dashboard of most, if not all, motor vehicles. The car fan has no other source of power. Such lighter receptacles are not customarily found in any of the locations described in subheading 8414.51.00. Therefore, it is reasonable to conclude that the car fan is designed and manufactured to be used exclusively in motor vehicles. Accordingly, the article is classifiable in subheading 8414.59, HTSUS.


The car fans are classifiable in subheading 8414.59.60.40, HTSUS, which provides for other fans suitable for use with a motor vehicle.


NY 879310 is revoked.


John Durant, Director

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