CLA-2-73:OT:RR:NC:N1:113

Mr. Lawrence R. Pilon, Esq.
Hodes Keating & Pilon
Attorneys at Law
134 North LaSalle Street, Suite 1300
Chicago, IL 60602

RE: The tariff classification of a gas barbeque grill from China

Dear Mr. Pilon:

In your letter dated March 17, 2011, on behalf of Chicago Expert Importers, Inc., you requested a tariff classification ruling. Detailed photographs of the subject grill were submitted for our review.

The item you plan to import is identified as the GoGalley® Eagle 100 patio grill. The article in question is described in your letter as “a large patio grill comprised of a central hooded four-burner grill flanked by two wing sections that fold out away from the central grill when the grill is in use, and fold in to face the central grill when the grill is not in use. The wing unit on the right side (when facing the grill) is a smoker compartment with a single burner at the bottom. The wing section on the left side has a height-adjustable burner that can be raised or lowered to accommodate various sizes and depths of pan or pot.…The grill, side burner and smoker unit are fueled by propane gas.”

The GoGalley® Eagle 100 patio grill measures approximately 33 inches in depth x 41 inches in width x 48 inches in height (83 x 104 x 123 cm). The grill is principally constructed of steel and weighs approximately 392 pounds (178 kg). It can be rolled short distances, particularly around the patio, on four permanently-mounted rotating and breakable casters. The grill under consideration features a two inch hitch receiver mounted on the back of the GoGalley’s central cabinet. This hitch allows the subject grill to be mounted on the back of a motor vehicle with a two inch hitch. The grill can be transported to any location accessible by the motor vehicle itself. The applicable subheading for the GoGalley® Eagle 100 patio grill will be 7321.11.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other cooking appliances and plate warmers for gas fuel or for both gas and other fuels, other than portable, other. 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 Ann Taub at (646) 733-3018.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division