R03413 R0 Ruling Active

The tariff classification of chocolate fountains from China

Issued March 27, 2006 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8516.79.0000

Headings: 8516

Product description

The merchandise consists of two types of chocolate fountains. Item number W014AA03718 has a stainless steel tower and item number W014AA03676 has a plastic tower. Both fountains have a heating element for melting the chocolate and a motor for circulating the chocolate from the base, through the body, and out of the top. The fountains will be used to coat food such as fruit and pretzels with chocolate. In your letter you suggest classification of the chocolate fountains under 8509.80.0095, HTS, as an electromechanical domestic appliance, with self-contained electric motor. However, appliances that incorporate a heating element are more appropriately classified under 8516.79.0000, HTS, as electrothermic appliances.

CBP rationale

The applicable subheading for the chocolate fountains will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electrothermic appliances, other.

Full text

NY R03413 March 27, 2006 CLA-2-85:RR:NC:N1:113 R03413 CATEGORY: Classification TARIFF NO.: 8516.79.0000 Mr. Troy Crago Atico International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of chocolate fountains from China Dear Mr. Crago: In your letter dated March 9, 2006, on behalf of Walgreens, you requested a tariff classification ruling. The merchandise consists of two types of chocolate fountains. Item number W014AA03718 has a stainless steel tower and item number W014AA03676 has a plastic tower. Both fountains have a heating element for melting the chocolate and a motor for circulating the chocolate from the base, through the body, and out of the top. The fountains will be used to coat food such as fruit and pretzels with chocolate. In your letter you suggest classification of the chocolate fountains under 8509.80.0095, HTS, as an electromechanical domestic appliance, with self-contained electric motor. However, appliances that incorporate a heating element are more appropriately classified under 8516.79.0000, HTS, as electrothermic appliances. The applicable subheading for the chocolate fountains will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electrothermic appliances, other. The rate of duty will be 5.3 percent ad valorem. 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 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 the ruling, contact National Import Specialist James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

View original on CBP CROSS →

More rulings on the same tariff codes

Searching CBP rulings the smart way

TariffLens semantically searches all 200,000+ CBP rulings, surfaces the ones that actually match your product, and builds defensible classifications backed by ruling citations.

Book a demo →