CLA-2-76:OT:RR:NC:N4:422
Mr. Cam Leggett
Nomad Grills, LLC
111 N Bishop Ave
Dallas, Texas 75208
RE: The tariff classification of an aluminum grill from China
Dear Mr. Leggett:
In your letter dated February 12, 2020, you requested a tariff classification ruling. A sample was submitted along with advertising literature and specification sheets. In an email to this office on March 10, 2020, you provided additional information and a product guide for the grill. The sample will be returned to you as requested.
The item under consideration is identified in your letter as the Nomad, model number 425v1. It is a portable, non-electric charcoal and/or wood fueled cooking hibachi grill. The grill is to be placed on a non-combustible, tabletop surface. The grill can be used for grilling, roasting, searing, smoking, baking, broiling or barbecuing. The grill has a total of 425 square inches of cooking space and weighs a total of 25 pounds.
The item is in the form of a square-shaped carrying case, and measures approximately 20.5 inches long by 9.5 inches wide by 15 inches high. The Nomad grill consists of two outer aluminum casings. Each outer casing contains two silicone bumper strip grips for secure placement of the grill on a flat surface. Included in the grill are two stainless steel cooking grates. There are also two aluminum containers each having four high heat magnets on the underside of the surface. The function of the magnetic containers is to attract and secure the stainless steel cooking grates firmly in place. The grill includes an aluminum hinge, two aluminum vent sliders and 10 vent magnets. The aluminum handle features a silicone grip that is attached to an aluminum handle bracket, which is secured to the outer casing, making the grill portable. Two stainless steel latch catches and two stainless steel housings with silicone overmold are on each side of the outer casing to open and close the grill when not in use.
In use, the combustible material of either charcoal and/or wood is placed on the surface of either or both of the containers. The food is place on the stainless steel grates. Each container has a magnetic vent slider. The magnetic sliders can be locked in one of three positions, open, half or closed position. They are used to regulate the airflow through the grill and the temperature for cooking. After use, the grill hood is closed and secured by the two latches. The magnetic vent sliders are locked in the closed position to constrict oxygen and ash from escaping the grill when being transported.
The applicable subheading for the Nomad, model number 425vl, will be 7615.10.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Table, kitchen or other household articles and parts thereof; Other: Other.” The rate of duty will be 3.1 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
The merchandise in question may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7615.10.9100, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7615.10.9100, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division