CLA-2-73:OT:RR:E:NC:1:102
Ms. Kembrough Williams
Char-Broil LLC
1442 Belfast Avenue
Columbus, GA 31904
RE: The tariff classification of a gas barbeque grill from China
Dear Ms. Williams:
In your letter dated January 16, 2009 you requested a tariff classification ruling. Descriptive literature and illustrations were submitted.
The item in question is described as “The Party Grill.” This outdoor gas barbeque grill is enclosed in a bar that allows guests to stand or sit around the grill while a person is grilling the food. The assembled party grill will be 44 inches tall, 65 inches wide, 41 inches deep and will weigh approximately 345 pounds.
The grill and the rail surrounding the perimeter of the product are made of steel. The preferred material of the shelves is granite, but the shelves may also be made of painted steel, expanded metal mesh or plastic. In most instances, the side panels are made of all-weather wicker but may also be made of painted steel or plastic. You indicate that you plan to import the item in one box, however due to the weight of the granite two boxes may be necessary, with the grill being in one box and the bar being in a second box.
The applicable subheading for the gas barbeque grill, whether imported alone or packaged together with the bar, will be 7321.11.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other stoves, ranges, grates, cookers, barbeques, cooking appliances and plate warmers for gas fuel or for both gas and other fuels. The rate of duty is free.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
Please be advised that the bar may be separately classified if packaged separately from the grill or imported alone. However, your inquiry does not provide enough information for us to provide a classification ruling on the bar. Your request for a classification ruling should include a specific set of facts. What are the components that make up the bar? Please identify all items that will be packaged separately from the grill and what they are made of. Will the bar only be imported alone due to the weight of the granite shelves? Are there any other scenarios when the bar portion will be entered separately? When this information is available, you may wish to consider resubmission of your request.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division