E85297 E8 Ruling Active

The tariff classification of charcoal grills from Taiwan

Issued August 6, 1999 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 7321.13.0040

Headings: 7321

Product description

The merchandise is a portable charcoal grill, made of steel. You intend to import basic tabletop charcoal grills, and transform them into electric smokers by adding electrical heating elements and equipment. You also request a ruling on marking the articles “Made in USA” or “Made in USA of US and Imported Parts.” The classification of merchandise is based on its condition as imported. The processing that it undergoes after importation is irrelevant in this case. Further, we advise you to contact the Federal Trade Commission, Division of Enforcement, 6th & Pennsylvania Avenue, NW, Washington, D.C. 20508 before you undertake to mark your finished product in that fashion since use of the phrase "Made in USA" is under that agency's jurisdiction.

CBP rationale

The applicable subheading for the grills will be 7321.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, ranges, grates, cookers .

Full text

NY E85297 August 6, 1999 CLA-2-73:RR:NC:N1:113 E85297 CATEGORY: Classification TARIFF NO.: 7321.13.0040 Robert O. Whitefield Gourmet Smoker Company 17515 197th Avenue, NE Woodinville, Washington 98072 RE: The tariff classification of charcoal grills from Taiwan Dear Mr. Whitefield: In your letter dated July 26, 1999, you requested a tariff classification ruling. The merchandise is a portable charcoal grill, made of steel. You intend to import basic tabletop charcoal grills, and transform them into electric smokers by adding electrical heating elements and equipment. You also request a ruling on marking the articles “Made in USA” or “Made in USA of US and Imported Parts.” The classification of merchandise is based on its condition as imported. The processing that it undergoes after importation is irrelevant in this case. Further, we advise you to contact the Federal Trade Commission, Division of Enforcement, 6th & Pennsylvania Avenue, NW, Washington, D.C. 20508 before you undertake to mark your finished product in that fashion since use of the phrase "Made in USA" is under that agency's jurisdiction. The applicable subheading for the grills will be 7321.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, ranges, grates, cookers . . . barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, of iron or steel, cooking appliances and plate warmers, for solid fuel, portable, other. The rate of duty will be free. 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 James Smyth at 212-637-7008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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