CLA-2-85:RR:NC:N1:113 J85406

Mr. Clifford Colvin
Pioneer Intl. CHB Inc.
687 Commercial Street
San Francisco, CA 94111

RE: The tariff classification of radiators from China.

Dear Mr. Colvin:

In your letter dated August 25, 2003, you requested a ruling on tariff classification.

The merchandise is a number of radiators. The first item is an electric, wall-mounted radiator. This item contains a fluid that is heated by electricity, which then heats the room. The second item is a wall-mounted radiator that is plumbed into a source of hot water. The hot water, usually made by a gas heater, then heats the room. The radiator itself is made of steel.

The applicable subheading for the electric radiator will be 8516.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for storage heating radiators. The general rate of duty will be free.

The applicable subheading for the plumbed-in radiator will be 7322.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for radiators and parts thereof, other. The general rate of duty will be free.

In your letter, you suggest that the plumbed-in radiator should be classifiable in subheading 8516.10, HTS, which provides for electric instantaneous or storage water heaters and immersion heaters. The product, however, is not electrical and does not heat the water.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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