CLA-1 CO:R:C:G 085663 KWM
Mr. Ted B. Schuler
4421 Waterfront Drive
Glen Allen, Virginia 23060
RE: Replacement carafe for drip coffeemaker
Dear Mr. Schuler:
This letter is in response to your inquiry dated September
5, 1989, requesting tariff classification of goods referred to
by you as "glass coffeemaker carafes". Your letter and a sample
of the goods have been forwarded to us by our New York office for
a classification ruling.
The sample submitted with your request is a four (4) cup
glass carafe, marketed as a replacement carafe for those sold
with automatic drip coffee makers. Measurements in one-cup
increments are marked on the side of the carafe. A plastic
handle is attached by a metal band extending around the neck of
the carafe. The instructions included with the merchandise
This carafe was designed to be used only on the
keep hot plate of your Proctor-Silex Automatic Drip
Coffeemaker. It should not be used on a range top, or
in a microwave or conventional oven. (Emphasis added)
Your letter suggests that this item should be classified in
subheading 8516.90.6000 of the Harmonized Tariff Schedule of the
United States Annotated (hereinafter "HTSUSA"). It is unclear
whether you are requesting reconsideration of the carafe's
current classification, or submitting a new ruling request.
However, we will consider this a new request, effective for
prospective transactions involving this merchandise.
How are these goods classified under the Harmonized Tariff
Schedule of the United States Annotated?
LAW AND ANALYSIS:
Classification under the HTSUSA is made in accordance with
the General Rules of Interpretation (hereinafter "GRI(s)") 1
through 5. The systematic detail of the harmonized system is
such that virtually all goods are classified by application of
GRI 1, that is, according to the terms of the headings of the
tariff schedule and any relevant Section or Chapter Notes. Then,
if GRI 1 fails to classify the goods, and if the headings and
legal notes do not otherwise require, the remaining GRIs may be
applied, taken in order.
In reviewing those notes and heading terms which may be
eligible for classification of these goods, we find Note 2(b) to
Section XVI, which we believe to be directly applicable in this
case. That note provides, in pertinent part:
2. Subject to note 1 to this section, note 1 to
chapter 84 and to note 1 to chapter 85, parts of
machine (not being parts of the articles of
heading 8484, 8544, 8545, 8546 or 8547) are to be
classified according to the following rules:
(b) Other parts, if suitable for use solely or
principally with a particular kind of machine, or
with machines of the same heading . . . are to be
classified with the machines of that kind.
If the carafe submitted with your request is found to be a
part, suitable for use solely or principally with a particular
kind of machine, then it will be classified in the heading with
machines of that kind (in this case coffeemakers).
In our opinion, the sample carafe is such a part. It is
designed, sold and used principally or exclusively with drip
coffeemakers. While we note that in some circumstances,
consumers may use the carafe for storage and dispensing of other
liquids other than coffee, those uses are secondary uses. The
subject carafe cannot be used on the stove or range top, and
cannot be placed in either a microwave or conventional oven. Its
design makes it an integral part of a coffeemaking machine, and
it is classified as such. We do not consider carafes of the type
designed for use solely with automatic drip coffeemakers, and not
on conventional range tops, to be within the class or kind of
coffee carafes or decanters properly classified as table or
Coffeemakers are classified in heading 8516, HTSUSA, as an
electrothermic appliance of a kind used for domestic purposes.
Parts of coffeemakers, by virtue of the above Legal Note, are
also classified in heading 8516, HTSUSA, specifically subheading
8516.90.6000, HTSUSA, where parts are specially provided for by
the subheading terms.
The sample coffeemaker carafe, used principally with
automatic drip coffeemakers of heading 8516, HTSUSA, is
classified as a part of an electrothermic appliance of the kind
used for domestic purposes: other, of subheading 8516.90.6000,
HTSUSA. As such, it is dutiable at the rate of 3.9% ad valorem.
John A. Durant
Commercial Rulings Division