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NY N010953





May 16, 2007

CLA-2-85:RR:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.5095

Mr. James Frederick Westlake
Danby Products Limited
P.O. Box 1778
5070 Whitelaw Road
Guelph, Ontario, Canada NIH 6Z9

RE: The tariff classification of dehumidifiers from China

Dear Mr. Westlake:

In your letter dated May 4, 2007, you requested a tariff classification ruling.

The merchandise is dehumidifiers with self-contained electric motors. The dehumidifiers for which you are requesting a ruling are identified in your letter as models DDR2507, DDR3007, DDR4006, DDR4007 and DDR607. You have submitted literature for models DDR2507EE, DDR3007EE and DDR607EE.

The Model DDR2507EE Dehumidifier features a 25 U.S. pint (11.8 litre) capacity per 24 hours. It has a humidistat for adjustable humidity setting and a variable on/off switch which controls the humidity sensor that allows the consumer to reduce the humidity level(s) within a given area. The shipping weight of the unit is 37.5 lbs./17 kg. Its dimensions are 13 6/16” (34 cm) in width by 10” (25.4 cm) in depth by 19 15/16” (50.6 cm) in height. Other features include a two-speed fan (high/low), an auto de-icer to prevent ice build-up on the condenser coils, and a removable air filter. The unit has a plastic (removable) water reservoir with an automatic water and float device to control the collection of water. The unit may also be connected for direct drainage. The unit has castors for portability.

The Model DDR3007EE Dehumidifier features a 30 U.S. pint (14.2 litre) capacity per 24 hours. It has a humidistat for adjustable humidity setting and a variable on/off switch which controls the humidity sensor that allows the consumer to reduce the humidity level(s) within a given area. The shipping weight of the unit is 37.5 lbs./17 kg. Its dimensions are 13 6/16” (34 cm) in width by 10” (25.4 cm) in depth by 19 15/16” (50.6 cm) in height. Other features include a two-speed fan (high/low), an auto de-icer to prevent ice build-up on the condenser coils and a removable air filter. The unit has a plastic (removable) water reservoir with an automatic water and float device to control the collection of water. The unit may also be connected for direct drainage.

In your letter, you request that weight not be considered as a factor in determining classification but rather that the classification be based upon the functional application of your products. The Explanatory Notes (ENs) to heading 85.09 are very clear on this issue of weight. Note (B) to heading 85.09 reads “A non-limited class of articles are classified in this heading provided their weight is 20 kg or less.” The note also includes a list of representative articles included in this group. Note (B) (8) specifically refers to air humidifiers and dehumidifiers.

HQ 950218 dated April 17, 1992 reads, in pertinent part, “The Harmonized Commodity Description and Coding System Explanatory Notes were drafted subsequent to the preparation of the Harmonized System Nomenclature itself. The Conference Report on H.R. 3, the Omnibus Trade and Competitiveness Act of 1988, part 3, explained that the Explanatory Notes, while not legally binding, are generally indicative of proper interpretation of the various provisions of the Convention and that they should be consulted for guidance. H.R. Rep. No. 134, 100th Cong., 2nd Sess., at 1863 (1988).” Based on the Explanatory Notes and the text of the heading, the articles in question having a weight of 20 kg or less are classified under heading 8509, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the Models DDR2507EE and DDR3007EE Dehumidifiers will be 8509.80.5095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other. The rate of duty will be 4.2 percent ad valorem.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

We need additional information in order to issue a ruling on the Models DDR4006, DDR4007 and DDR607 Dehumidifiers. Please submit the information described below:

Classification is based upon NET, not gross, weights. We need the net weight of the model out of its box. What is the NET weight of the models in question?

On the website----http://www.danby.com/en/productManuals.asp? current models’ manuals show the net weight in the specification box [“Poids net (kg/lb)”]. The net weight shown in the manual is not the figure shown on the catalogue page. Example: Model DDR2504 -- Net weight shown in manual-53 lb/24 kg. Shipping weight shown on catalogue page-55 lb/25 kg. ONLY A 2 LB DIFFERENCE BETWEEN NET AND GROSS. Include the manual page showing the specification box for each of the models in question OR confirm that shipping material weighs 2 lbs. and that there is only a 2 lb. difference between net and gross weights.

Provide literature for models DDR4006 and DDR4007.

We need legible specifications. We cannot read the dimensions for Model DDR607EE.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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