CLA-2 CO:R:C:M 087064 MBR
District Director
U.S. Customs Service
Room 137
110 S. Fourth St
Minneapolis, Minnesota 55401
RE: Protest No. 3501-89-000049, dated June 15, 1989; "Jet-Stream
Ovens"; GRI 2.(a); Essential Character
Dear Sir:
Protest No. 3501-89-000049, together with an application for
further review, was timely filed June 15, 1989, by Alternative
Pioneering Systems, Inc., against your action in which "Jet-Stream
Ovens" were classified under subheading 8516.79.00, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), whereas,
protestor claims classification is proper under subheading
8516.60.40, HTSUSA, or alternatively, under subheading 8516.90.20,
HTSUSA.
FACTS:
The "Jet-Stream Oven" is a technological innovation that uses
forced hot air to perform the following cooking functions: air fry,
boil, bake, grill, broil, steam, roast, and rotisserie. The
instant merchandise is capable, with the use of height "expander
rings," to roast an entire turkey in less time than a conventional
oven or microwave oven. At importation, the oven consists of an
electric heat source, a light, a fan, and a control assembly.
After importation, the clear cover and base (manufactured in the
U.S.), which form the cooking enclosure, are added to complete the
oven.
ISSUE:
What is the classification of the "Jet-Stream Oven" assembly,
under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)?
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LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
The protestant asserts that the "Jet-Stream Oven" is properly
classifiable under subheading 8516.60.40, HTSUSA, or alternatively,
under subheading 8516.90.20, HTSUSA, which provide for:
8516 Other electrothermic appliances of a kind used for domestic
purposes; parts thereof:
8516.60.40 Other ovens; cooking stoves, ranges, cooking plates,
boiling rings, grillers and roasters: Cooking
stoves, ranges and ovens.
8516.90.20 Parts: Of cooking stoves, ranges and ovens.
The Explanatory Notes provide no direction as to what
characterizes "cooking stoves," "ranges" and "ovens." However,
Webster's II New Riverside University Dictionary, page 837, (1984),
defines "oven" as: "An enclosed compartment supplied with heat and
used for cooking food and for heating or drying objects placed
within." Webster's II, Id., defines "heat" as: "1. a form of
energy associated with the motion of atoms or molecules in solids
and capable of being transmitted through solid and fluid media by
conduction, through fluid media by convection, and through empty
space by radiation."
In HQ 082568, dated December 12, 1989, Customs held that four
models of convection steam ovens met the above definition of
"ovens" and were therefore classifiable as such. We stated:
All four models in question meet the above definition of
"oven" because they are enclosed compartments (with a
door), supplied with convection heat and are used for
cooking food. Furthermore, they look and act like
conventional ovens except they are faster and more
efficient by using steam convection as a heat source.
However, they can not brown or bake foodstuffs.
The instant "Jet-Stream Oven" uses super-heated forced hot
air to perform the following cooking functions: air fry, boil,
bake, grill, broil, steam, roast, and rotisserie. The instant
merchandise is capable, with the use of height "expander rings,"
to roast an entire turkey in less time than a conventional oven or
microwave oven.
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The "Jet-Stream Oven" also meets the above definition of an
"oven," because it forms an enclosed compartment, and it utilizes
convection heat to cook food, in the same manner as a conventional
oven, only more efficiently. See Simmon Omega, Inc. v. United
States, 83 Cust. Ct. 14, C.D. 4815 (1979), for the fundamental
longstanding tariff classification principle that Congress did not
intend to foreclose the classification of future innovations and
technological advancements in tariff provisions. See also HQ
086533, dated May 15, 1990, in which Customs held that even special
purpose technological advancements such as domestic "Bread Ovens"
were properly classifiable under subheading 8516.60.40, HTSUSA.
At importation, the oven consists of an electric heat source,
a light, a fan, and a control assembly. After importation, the
clear cover and base (manufactured in the U.S.), which form the
cooking enclosure, are added to complete the oven. The protestant
argues that the "Jet-Stream" oven assembly is merely a "part" "of
cooking stoves, ranges and ovens," and therefore classifiable under
subheading 8516.90.20, HTSUSA.
GRI 2.(a) provides direction here. It states:
Any reference in a heading to an article shall be
taken to include a reference to that article
incomplete or unfinished, provided that, as entered,
the incomplete or unfinished article has the
essential character of the complete or finished
article. It shall also include a reference to that
article complete or finished (or falling to be
classified as complete or finished by virtue of this
rule), entered unassembled or disassembled.
(Emphasis added).
At importation, the oven consists of an electric heat source,
a light, a fan, and a control assembly, and is complete in all
respects, requiring the addition of only the clear cover and base.
Therefore, it is Customs position that the "Jet-Stream Oven," as
entered, imparts the essential character of the complete "Jet-
Stream Oven."
HOLDING:
The "Jet-Stream Oven," imported by Pioneering Systems, Inc.,
is properly classifiable under subheading 8516.60.40, HTSUSA, which
provides for: "Other electrothermic appliances of a kind used for
domestic purposes; parts thereof: Other ovens; cooking stoves,
ranges, cooking plates, boiling rings, grillers and roasters:
Cooking stoves, ranges and ovens." The rate of duty is Free.
You should allow the protest in full. A copy of this
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decision should be attached to the Form 19 Notice of Action.
EFFECT ON OTHER RULINGS:
NY 833560, dated January 20, 1989, held that the identical
merchandise was classifiable in subheading 8516.79.00, which
provides for other electrothermic appliances of a kind used for
domestic purposes. However, for the reasons stated above, NY
833560 no longer reflects our current position, and is hereby
revoked under authority of section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division