The tariff classification of swimming pool vacuums from China

N299751 August 29, 2018 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8421.21.0000, 9903.88.01 Robert Hornyan ACB Import Services, Inc. 2153 E. Jones Avenue Phoenix, AZ 85040 RE: The tariff classification of swimming pool vacuums from China Dear Mr. Hornyan: In your letter received August 3, 2018, on behalf of Bestway USA, Inc., you requested a tariff classification ruling. Your submission concerns four models of swimming pool vacuum cleaners, identified as the Flowclear AquaCrawl Pool Vacuum, the Flowclear AquaDip Pool Vacuum, the Flowclear Aqua Powercell Vac, and the Flowclear Aquatronix. The Flowclear AquaCrawl, AquaDip, and Aqua Powercell Vac are all used for the express purpose of removing underwater debris from a swimming pool. They differ from one another in their dimensions, power source, and the accessories with which they are sold. When using one of these models, a user simply activates the device and maneuvers the vacuum head to capture any debris that may have settled in the pool (leaves, dirt, etc.). The captured debris is stored in a filter bag that can subsequently be emptied and reused. The devices are only suitable for use underwater, and cannot operate aboveground. The Aquatronix serves a function similar to that of the aforementioned vacuums, except it does not require continuous human intervention to operate. Described as an autonomous pool-cleaning robot, the Aquatronix is designed to roam along the bottom of a pool and capture any solid debris it encounters by means of its inbuilt vacuum system. The Aquatronix features non-slip wheels, a built-in rechargeable battery, and a water sensor that activates the robot when it is fully submerged. Like the three models of vacuum cleaners described above, the Aquatronix is only suitable for use underwater, and cannot operate aboveground. Based on the information provided, the products at issue serve a function similar to that of the swimming pool cleaning machine described in New York Ruling Letter N284203, dated April 3, 2017. As was noted in that ruling, pool vacuums that operate solely when they are underwater, thus playing no role in filtering the airstream, are more appropriately classified as filtering or purifying apparatus for liquids of subheading 8421.21, Harmonized Tariff Schedule of the United States (HTSUS), rather than as vacuum cleaners. The applicable subheading for the Flowclear AquaCrawl Pool Vacuum, the Flowclear AquaDip Pool Vacuum, the Flowclear Aqua Powercell Vac, and the Flowclear Aquatronix will be 8421.21.0000, HTSUS, which provides for Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for liquids: For filtering or purifying water. The general rate of duty will be free. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. Subsequently, USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710) and August 16, 2018 (83 F.R. 40823). Products of China that are provided for in subheading 9903.88.01 or 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(b) or U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 8421.21.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8421.21.0000, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the World Wide Web at https://hts.usitc.gov/current. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Evan Conceicao at evan.m.conceicao@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division