CLA-2-85:OT:RR:NC:N2:212
Arash Raminfar
Clearpoint International, Inc.
1111 Corporate Center Drive
Monterey Park, CA 91754
RE: The tariff classification of a rotisserie kit from China
Dear Mr. Raminfar:
In your letter dated November 12, 2021, you requested a tariff classification ruling on behalf of your client, Leisure Import, Inc.
The merchandise under consideration is identified as the Blaze Rotisserie Kit. The subject kit consists of an electric rotating motor, spit rod, 2 forks, and a counter balance. You state that the kit is meant to be used with certain Blaze gas and charcoal grills to add the ability to cook meat in a rotating fashion. The rotating motor works at 120V and is encased within a stainless steel enclosure. The counter balance is attached to the spit rod to off-set the weight of the meat while the rod is attached to the motor for rotation. The forks are added to the spit rod to hold the meat in place.
The kit, as described above, meets the definition of “goods put up in sets for retail sale” as set forth in General Rule of Interpretation (GRI) 3(b). GRI 3(b) provides that such sets are classified by the component that imparts the essential character. In our view, the electric rotating motor imparts the essential character of the kit. We further note that a nearly identical kit was addressed in Headquarters Ruling Letter (HRL) 965124.
The applicable subheading for the Blaze Rotisserie Kit will be 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 the World Wide Web at https://hts.usitc.gov/current.
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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division