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NY I85425

September 4, 2002

CLA-2-84:RR:NC:1:102 I85425


TARIFF NO.: 8414.59.6090

Ms. Deby Powell
Summer Blast, LLC
48 Aberdeen Road
Framingham, MA 01702

RE: The tariff classification of a patio umbrella fan from China

Dear Ms. Powell:

In your letter dated August 15, 2002 you requested a tariff classification ruling on behalf of Summer Blast, LLC.

The article in question is described as the “Summer Blast Patio Umbrella Fan”. The fan is an axial fan with a unique two piece motor housing specially designed to fit around the center support pole of a patio umbrella and facilitate mounting of the fan under the umbrella. The fan has multiple speeds and is battery operated.

You indicate that the umbrella fan may incorporate accessories such as an AM/FM radio and/or a sound generator that plays the sounds of Nature, such as the sounds of ocean waves, birds, and crickets. While you do not provide detailed information with respect to the accessories, generally, given the nature of the subject article, we would view the function(s) of the accessories described here as subordinate to he function of the fan. Accordingly, the axial fan is the one component that will give the composite article formed with the accessories its essential character as an umbrella fan.

The applicable subheading for the umbrella fan, whether presented with or without the accessories described, 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 2.3 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 646-733-3009.


Robert B. Swierupski

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