CLA-1 CO:R:C:G 085663 KWM

Mr. Ted B. Schuler
Proctor-Silex, Inc.
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 indicate that:

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?


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. (Emphasis added)

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 kitchen glassware.

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