CLA-2-73:RR:NC:N1:113 I82284

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a propane heater from Taiwan.

Dear Ms. Aldinger:

In your letter dated May 22, 2002, you requested a ruling on tariff classification.

The sample you provided is item #929786, a portable space heater. The item is the “Propane Patio Heater – Table Top – Silver Gray.” The heater stands 37 inches high on a 15-inch base. It has an electronic ignition [94 cm. x 38 cm.]. The heater operates on 16.4-oz. or 14.1-oz propane cylinders that screw into the trunk of the heater.

The applicable subheading for this product will be 7321.81.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, ranges, grates, cookers … barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, other appliances, for gas fuel or for other gas and other fuels, portable. The general rate of duty will be 2.9 percent ad valorem.

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