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NY M83645

May 24, 2006

CLA-2-84:RR:NC:1:104 M83645


TARIFF NO.: 8479.89.1000

Mr. James Frederick Westlake
Danby Products Inc.
101 Bentley Court
Findlay, OH 45839

RE: The tariff classification of a dehumidifier from China

Dear Mr. Westlake:

In your letter dated May 3, 2006 you requested a tariff classification ruling.

The Model DDR2504 Dehumidifier features an auto-sensing humidity control with adjustable humidity settings (35% - 80%). The unit has a removable rear mounted water tank/ reservoir with a capacity of up to 11 liters/23.24 pints. Unit also is capable of being connected to a drain hose (hose not included). The net weight of the unit is 24 kg/53 lbs. Its dimensions are 13 3/16 W x 24 5/8 H x 16 3/4 D. Other features include (1) a self-contained electric motor with electrical requirements of 115 Volts/60Hz, (2) a two-speed fan (high/low) and (3) easy roll casters.

In your letter, you suggest possible classification of this model either in heading 8415, Harmonized Tariff Schedule of the United States (HTSUSUS), which provides for air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity dehumidifiers or in heading 8509, HTSUS, which encompasses electromechanical domestic appliances, with self-contained electric motor. According to submitted specifications, the model in question is not designed to change temperature. Thus, classification in heading 8515, HTSUS, would be precluded as the model does not meet the parameters of that heading. Note 3(b) of Chapter 85 states that heading 8509, HTSUS, covers certain machines provided the weight of such machines does not exceed 20 kilograms, exclusive of extra interchangeable parts or detachable auxiliary devices. Accordingly, model DDR2504, which weighs more than 20 kilograms, would be precluded from classification in heading 8509, HTSUS.

The applicable subheading for the Model DDR2504 Dehumidifier, which weighs over 20 kilograms, will be 8479.89.1000, HTSUS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84): other machines and mechanical appliances: other: electromechanical appliances with self-contained electric motor: air humidifiers or dehumidifiers. 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 HTSUSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/HTSUS/.

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 Patricia O’Donnell at 646-733-3011.


Robert B. Swierupski

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