The tariff classification of a mini fan with lights from China

NY L84570 May 31, 2005 CLA-2-84:RR:NC:1:102 L84570 CATEGORY: Classification TARIFF NO.: 8414.59.6060 Ms. Nicole Trimble Agra-Services Brokerage Co., Inc. 221-20 147th Avenue Jamaica, NY 11413 RE: The tariff classification of a mini fan with lights from China Dear Ms. Trimble: In your letter dated April 20, 2005 you requested a tariff classification ruling on behalf of your client VS International. The article in question is described as a neon “glo” mini fan with lights, style number SM2005-042. The fan is a handheld, battery-operated axial fan with a lanyard for carrying. The fan blade features light emitting diodes that flash in changing patterns while the fan is running. A sample was submitted. In your request you specifically ask if the fan can be classified in heading 9505, Harmonized Tariff Schedule of the United States (HTSUS), which provides for festive, carnival or other entertainment articles. We find that the mini fan with its flashing lights, while perhaps entertaining, is not an entertainment article, provided for in HTSUS heading 9505, but rather a fan, provided for in HTSUS heading 8414. The applicable subheading for the mini fan with lights will be 8414.59.6060, 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division