The tariff classification of heater assemblies from an unknown country

N198756 January 19, 2012 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7322.90.0015 Mr. Kenton C. Grimes Phoenix International Freight Services Ltd. 17515 Engle Lake Drive Middleburg Heights, OH 44130 RE: The tariff classification of heater assemblies from an unknown country Dear Mr. Grimes: In your letter dated January 3, 2012, on behalf of DCM Manufacturing, you requested a tariff classification ruling. A specification sheet for the Stoker Series Marine Heaters and a Marine Heater Installation Guide were submitted for our review. Based on the information available, the country of origin of the heater assemblies was not provided to our office. The article under consideration is identified as a Marine Heater Assembly. You stated in your letter that the heater assembly “is designed to be used in the marine industry to provide forced cabin heat at variable speeds on a marine craft…The heater assembly main components include a heater blower, heater core, duct face plate, ignition projected switch, heater hose, and other miscellaneous hardware. The blower consists of a single or double shafted DC electric motor attached to a single or dual blower…The heater assembly has a grill faced unit usually mounted in the cabin. The other version is a two or three outlet unit that can be mounted in the stairwell or storage compartment of the marine craft with directional louvers. The heater is then connected directly to the marine engine through heater hose. The first end of the hose is connected to the heater core and the second end of the hose is connected to the engine inlet. The unit is powered with an ignition protected motor inside the blower that is connected to the wires of the motor and then to a switch usually mounted on the marine dash…The engine coolant is circulated through the heater core which exchanges the heat of the coolant to the air. The blower then circulates the forced air throughout the cabin based on the blower speed controlled through the dash mounted switch.” You suggested that the heater assembly in question is classifiable in subheading 8414.59, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other blowers, or in subheading 8516.10, HTSUS, which provides for electric heaters. The office of the National Import Specialist (NIS) that handles subheading 8414.59 stated that “The heater assembly consists of a blower fan, heater core and other components which makes this more than a fan. Subheading 8414.59 is not applicable.” The office of the NIS that handles heading 8516 stated that “The heater assembly is not electrical. Heading 8516 (electrical space heaters) is not applicable.” Therefore, the subject heater assembly is classifiable under heading 7322, HTSUS, which provides for air heaters, not electrically heated, incorporating a motor-driven fan or blower. The applicable subheading for the heater assemblies will be 7322.90.0015, HTSUS, which provides for air heaters and hot air distributors (including distributors which can also distribute fresh or conditioned air), not electrically heated, incorporating a motor-driven fan or blower, of iron or steel. The rate of duty will be free. 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/. 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 headings 8414 or 8516, HTSUS, contact NIS Kenneth Brock at (646) 733-3009. If you have any questions regarding heading 7322, HTSUS, contact NIS Ann Taub at (646) 733-3018. Sincerely, Thomas J. Russo Director National Commodity Specialist Division