CLA-2-73:OT:RR:NC:N1:102
Ms. Cheryl Schwictenberg
Hearth & Home Technologies
7571- 215th Street West
Lakeville, MN 55044
RE: The tariff classification of stoves and fireplace/stove inserts of unspecified origin
Dear Ms. Schwictenberg:
In your letter dated January 18, 2010 you requested a tariff classification ruling. Descriptive literature and operating manuals/brochures were submitted.
The items you plan to import are wood, coal and pellet burning stoves and fireplace/stove inserts. These stoves and inserts vary in size and can weigh between 200-500 pounds depending on the particular model. They are designed for use as space heaters intended to heat only the room or area where the stove is located. No duct work is required for any of the heaters.
The wood burning stoves are made of either steel or cast iron and include a refractory or brick lined firebox and a plated or painted cast iron door with ceramic viewing glass. These manually operated or hand-fired, “natural draft” stoves rely on a properly constructed chimney system to both supply air to the fire and expel the exhaust gases. Some stoves are equipped with an electrically powered blower or have an optional blower available which helps circulate room air through the heat exchanger. Other stoves are for radiant heating only with no blower included or available. The wood burning fireplace inserts include a blower. Use of the blower is recommended to prevent heat build up in the fireplace cavity that the stove is installed, but is not required.
The coal burning line of stoves includes five free-standing models and a fireplace insert stove. These hand-fired stoves are all constructed of steel and include plated or painted cast iron doors with ceramic viewing glass and a set of cast iron grates. You indicate that each model incorporates a heat exchanger into its design and either includes a blower or has an optional blower available to assist in circulating room air through the heat exchanger.
The coal burning line of stoves also includes the Super Magnum Stoker which is made of steel and contains cast iron doors with ceramic viewing glass. You state that the Stoker is a self-feeding model which consists of a 110 pound capacity fuel hopper and a mechanical feeder which delivers fuel to the cast iron grates by means of a motor and micro-processing control board. This “natural draft” stove contains an additional blower which delivers a low volume of air to the fire to keep the burn more consistent.
The pellet burning stoves are made of steel, cast iron or a combination of both with a ceramic viewing glass. These stoves incorporate a self-feeding system including a fuel storage hopper and a mechanical feed system which is controlled by a micro-processing control board. Each model contains a variable speed distribution blower to circulate room air through the heat exchanger and out to the room and a combustion blower which forces the exhaust out of the stove.
You suggest that all items in your request are correctly classified under subheading 7321.83, Harmonized Tariff Schedule of the United States (HTSUS), which provides for stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating)... and similar non-electric domestic appliances, of iron or steel, for solid fuel, other. Please be advised that HTSUS subheading 7321.83 no longer exists and has been replaced by HTSUS subheading 7321.89. We concur that those stoves that do not include a blower are classified under subheading 7321.89, HTSUS. However, the stoves incorporating a motor-driven fan or blower are more specifically provided for as air heaters under subheading 7322.90, HTSUS.
The applicable subheading for the wood and coal burning stoves that do not incorporate a blower will be 7321.89.0050, HTSUS, which provides for other appliances, including appliances for solid fuel, of iron or steel. The general rate of duty is free.
The applicable subheading for the wood, coal (including Super Magnum Stoker) and pellet burning stoves and fireplace inserts incorporating a blower will be subheading 7322.90.0015, HTSUS, which provides for air heaters, not electrically heated, incorporating a motor-driven fan or blower. The general 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/.
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