CLA-2-73:OT:RR:NC:N1:102

Ms. Jessica Woltering
Phoenix International Freight Services LTD
917 Lone Oak Rd.
Suite 1000
Eagan, MN 55075

RE: The tariff classification of heaters from China

Dear Ms. Woltering:

In your letter dated November 19, 2010 you requested a tariff classification ruling on behalf of your client, Mid States Distributing Inc.

The products under consideration are described as a propane cabinet utility heater and kerosene forced air heaters. Descriptive literature, pictures and product specifications were submitted.

The propane cabinet utility heater, model number PT-18PCH, has a heat output of 18,000 BTU’s and operates by using a standard 20 pound propane grill tank that mounts to the heater. This portable heater features a built-in oxygen sensor which turns the heater off if unsafe oxygen levels occur as well as an automatic shut-off device in the event the heater tips over. It is designed to be used in workshops or garages and well ventilated areas outside of the home.

The kerosene forced air heaters, model numbers PT-45-KFA, PT-70T-KFA, PT-125T-KFA, PT-175T-KFA and PT-215T-KFA, have a heat output ranging from 45,000 to 215,000 BTU’s depending on the particular model. These portable heaters incorporate a fan/blower to provide circulation of heated air. Some of the other product features include sure start ignition, built-in thermostat and air pressure gauge, fully enclosed motor, a hinged housing lid for easy repair access and an automatic shut-off device if power is interrupted or the flame is extinguished. The applicable subheading for the propane cabinet utility heater will be 7321.81.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other appliances, of iron or steel, for gas fuel or for both gas and other fuels, portable. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the kerosene forced air heaters will be 7322.90.0015, HTSUS, which provides for air heaters, not electrically heated, incorporating a motor-driven fan or blower. 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/.

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