HQ 082701: Tariff Classification of air ionizers manufactured in England

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 082701

                                  October 12, 1988



          CLA-2 CO:R:C:G 082701 VEA

          CATEGORY: Classification

          TARIFF NO.: 8543.80.90

          Mr. Joseph Catanzarite
          2502 Petaluma Avenue
          Long Beach, California 90815

          RE: Tariff Classification of air ionizers
              manufactured in England

          Dear Mr. Catanzarite:

               This letter is in response to your inquiry dated August 14,
          1988, requesting the proper classification and rate of duty for
          air ionizers.

          FACTS:

               The merchandise in question is an air ionizer called, "The
          Airtone Pulsar".  The literature submitted with the request for
          classification gives the following description of the
          merchandise.  The Pulsar is designed for both residential and
          commercial use.  It is said to emit ions into the air which
          counteract the debilitating side effects of air conditioning,
          smoking and city air pollution, and relieve the stuffiness
          encountered in office buildings induced by modern static-proof
          plastics, fabrics and carpets.

               The Pulsar's features include a built-in indicator designed
          to monitor ion output and signal if cleaning or servicing is
          necessary.  It operates on 110 or 240 volts of electricity.

               The U.S. Customs Service office in Los Angeles informally
          advised you that the Pulsar is classified under item 688.4280 of
          the Tariff Schedules of the United States Annotated (TSUSA) and
          subject to a duty rate of 3.9%.

               This inquiry has been submitted to Headquarters for a
          binding classification and rate of duty.  Since the Harmonized
          Tariff Schedule of the United States Annotated, (HTSUSA) will
          replace the current TSUSA effective January 1, 1989, this ruling
          will be issued pursuant to the HTSUSA.













                                         -2-


          ISSUE:

               Whether an air ionizer is properly classifiable under
          heading 8543.80.90 of the HTSUSA and subject to a duty rate of
          3.9 percent.

          LAW AND ANALYSIS:

               Electrical articles, in general, are classified in chapter
          85.  The applicable heading and subheadings state:

               8543          Electrical machines and apparatus having
                             individual functions, not specified or
                             included elsewhere in this chapter, parts
                             thereof;

                       *               *               *

               8543.80            Other machines and apparatus;

                       *               *               *

               8543.80.90               Other

               On its face, application of this provision turns on three
          criteria: one, the merchandise must be an electrical machine or
          apparatus; two, it must have an individual function; and three,
          it cannot be listed in any other provision in the chapter.  The
          merchandise in question meets these criteria.  They are
          electrical apparatus.  They function on 110 or 240 volts of
          electricity and use a two wire main lead which can be connected
          to a suitable AC source.  Air ionizers perform the independent
          function of emitting ions and are not listed in any other heading
          in Chapter 85.

               The Explanatory Notes interpreting this provision support
          this conclusion.  They provide, "this heading covers all
          electrical appliances and apparatus, not falling in any other
          heading of any other Chapter of the Nonmenclature, nor excluded
          by the operation of a legal Note to Section XVI or to this
          Chapter....The electrical appliances and apparatus of this
          heading must have individual functions".



















                                         -3-


          HOLDING:

               Based on the above reasoning, an air ionizer is properly
          classifiable in subheading 8543.80.90, HTSUSA, and is subject to
          a rate of duty of 3.9 percent.  Under the TSUSA, the merchandise
          would be classified under item 688.4280 and subject to a rate of
          duty of 3.9 percent.

                             Sincerely,




                             John Durant, Director
                             Commercial Rulings Division














































          VEAllums:tj:typed 08/31/88