CLA-2-73:RR:NC:N1:113 I87319

Mr. Peter Mento
Expeditors Tradewin
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of gas grills from China.

Dear Mr. Mento:

In your letter dated September 30, 2002, you requested a ruling on behalf of The Brinkmann Corporation on tariff classification.

The merchandise consists of six types of gas grills. Item 810-3800-0, the Gas Backyard Grill and Smoker, is constructed of enameled steel and aluminum. It features a 35,000-BTU burner, 880 square inches of cooking surface and a side table with a cutting board. It weighs 190 pounds. The smoker features a 12,900-BTU cast iron burner, grills and chip and water pans.

Item 810-3500-0, the Gas Brinkmann Backyard Kitchen with Side Burner, is constructed of enameled steel and aluminum. It features a 35,000-BTU burner, 465 square inches of cooking surface, a 10,000-BTU side burner and a stainless steel sink with faucet. It weighs 118 pounds.

Item 810-3250-G, the Gas Stainless Steel Grill King is constructed of stainless steel. It features a 32,000 BTU burner, a 10,000 BTU side burner, 345 square inches of cooking surface, and a stainless steel side shelf. It weighs 98 pounds.

Item 810-3420-0, the Gas Stainless Steel Backyard Grill is constructed of stainless steel and aluminum. It features a 40,000-BTU burner, 465 square inches of cooking surface, and a 10,000-BTU side burner. It weighs 102 pounds.

Item 810-3200-0, the Gas Grill King Deluxe is constructed of steel. It features a 42,000-BTU burner, 520 square inches of cooking surface, and a metal storage rack. It weighs 112 pounds.

Item 810-3310-0, the Gas Kettle Grill is constructed of enameled steel with a large dome. It features a 20,700-BTU burner, and 325 square inches of cooking surface. It weighs 53 pounds.

All of the grills are in principal weight of iron or steel.

The applicable subheading for these products will be 7321.11.6000, 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, cooking appliances and plate warmers, for gas fuel or for both gas and other fuels, other, other. The general rate of duty will be free .

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