CLA-2-85:OT:RR:NC:1:102
Mr. Michael D. Lindsey
PAB Two, LLC
1500 South Wolf Road
Wheeling, IL 60090
RE: The tariff classification of a “bed bug oven” from China.
Dear Mr. Lindsey:
In your letter dated June 12, 2013 you requested a tariff classification ruling.
The product to be imported is identified as the ThermalStrike™ Ranger. Described as being the equivalent of a six-sided electric heating pad, this “bed bug oven” has a sealed PVC enclosure and a high durability nylon outer cover with NiChrome resistance heating wire woven throughout. It also features a timer with automatic shut-off and straps for holding the unit in its closed compressed storage position. This household appliance is intended to be used upon return from travel to heat items that may have been infested by bed bugs such as pillows, comforters, books and other items that cannot be treated in a common dryer.
You suggest classification of this product in subheading 8516.60.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof, other ovens; cooking stoves, ranges, cooking plates, boiling rings, grillers and roasters, other.
In your request, you cite HQ Ruling 965861 in which the term oven was defined by the Merriam-Webster’s Collegiate Dictionary, 10th Edition as: “a chamber used for baking, heating or drying”. Also, you reference HQ Ruling 956227 in which the word oven was defined by the Webster’s II New Riverside University Dictionary as “[a]n enclosed compartment supplied with heat and used for cooking food and heating or drying objects placed within”. The ovens, grillers, roasters, etc. provided for in subheading 8516.60, HTSUS, are household cooking appliances. Although the subject “oven” consists of an enclosed compartment that is supplied with heat, it is not used to prepare/cook foods. As such, subheading 8516.60.6000, HTSUS, is not applicable.
The applicable subheading for the “bed bug oven” will be 8516.79.0000, HTSUS, which provides for electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof, other electrothermic appliances, other. The rate of duty will be 2.7 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 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 April Cutuli at (646) 733-3009.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division