CLA-2:CO:R:C:G  083850 JAS
Ms. Patty Iacono
             Gladish & Associates
             215 Long Beach Blvd., #511
             Long Beach, California 90802
             RE:  Combination Microwave; microwave, broiler, toaster oven
             Dear Ms. Iacono:
                  In your letter of February 7, 1989, you inquire as to the
             tariff classification under the Harmonized Tariff Schedule of
             the United States Annotated (HTSUSA) of the Black & Decker
             model MWC15 Combination Microwave.  Our ruling follows.
             FACTS:
                  The model MWC15 Combination Microwave is an electric
             household kitchen appliance described in submitted literature
             as a microwave broiler toaster oven.  It is a countertop model
             consisting of two separate components within the same housing,
             each operating independently of the other.  One component is a
             vacuum tube that defrosts, heats and cooks foods using
             microwave energy, while the other component bakes, roasts,
             broils and toasts utilizing electrical resistive heat.  The
             MWC15 has a cooking mode dial, an oven temperature (up to 450
             degrees F) dial, and a 60-minute timer.  The MWC15 is rated
             1450 watts at 120 volts and can generate up to 500 watts of
             microwave output power.
             ISSUE:
                  Is the model MWC15 classifiable as an electrothermic
             appliance of a kind used for domestic purposes, under the
             subheading for microwave ovens or the subheading for other
             ovens?
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             LAW AND ANALYSIS:
                  Heading 8516, HTSUSA, provides, among other things, for
             electrothermic appliances of a kind used for domestic
             purposes.  Microwave ovens are classifiable in subheading
             8516.50.0000, HTSUSA, while subheading 8516.6040, HTSUSA,
             covers other ovens.
                  General Rule of Interpretation 6, HTSUSA, states that for
             legal purposes, the classification of goods in the subheadings
             of a heading shall be determined according to the terms of
             those subheadings and any related subheading notes and,
             mutatis mutandis, to Rules 1 through 5, on the understanding
             that only subheadings at the same level are comparable.  For
             the purposes of this rule, the relative section, chapter and
             subchapter notes also apply, unless the context otherwise
             requires.  In accordance with General Rule of Interpretation
             1, HTSUSA, made applicable by Rule 6, classification for legal
             purposes shall be determined according to the terms of the
             subheadings and any relative section or chapter notes.
                  Each of the competing subheadings under consideration
             describe part only of the appliance in question.  However,
             Section XVI, Note 3, HTSUSA, which by operation of Rule 6
             governs the classification of merchandise in the subheadings
             of Heading 8516, states that unless the context requires
             otherwise, composite machines consisting of two or more
             machines fitted together to form a whole and other machines
             adapted for the purpose of performing two or more
             complementary or alternative functions are to be classified as
             if consisting only of that component or as being that machine
             which performs the principal function.  The MWC15 is
             advertised as a Combination Microwave.  Moreover, it is
             apparent that consumers would be attracted to this appliance
             because of the timesaving nature of the microwave component.
             Therefore, from the submitted literature and other information
             available to us, we conclude that the microwave component
             performs the principal function of this merchandise.
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             HOLDING:
                  The Black & Decker model MWC15 Combination Microwave is
             classifiable under the provision for microwave ovens, in
             subheading 8516.50.0000, HTSUSA.  The rate of duty is 4
             percent ad valorem.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division