• Type : Trade • HTSUS :

CLA-2-73:OT:RR:NC:N4:410

Long Chen
Thai Jiuzhou Electron Co Ltd.
88/152 Moo 15 Bangsaotong Sub-District
Bangsaotong 10540
Thailand

RE: The eligibility under the United States-Mexico-Canada Agreement (USMCA) of an oven burner for the gas range from Mexico

Dear Mr. Chen:

In your letter dated July 10, 2025, you requested a binding ruling on the eligibility of an oven burner for the gas oven (range) under the United States-Mexico-Canada Agreement (USMCA). In your request, you provided a description of the finished article and its components including the country of origin of the components.

FACTS:

The Bill of Materials (BOM) in your submission illustrates that the oven burner consists of a steel pipe, two assembly brackets, an ignition bracket, a shutter, and two screws. There will be two component sourcing/manufacturing scenarios. In the first scenario, all components are sourced from China (of Chinese origin). In the second sourcing/manufacturing scenario, the steel pipe and the screws will be made in Mexico, and the balance of the components will be imported from China. All of these components are classified outside of heading 7321, Harmonized Tariff Schedule of the United States (HTSUS). The final assembly will be in Mexico.

Based on the information provided in your submission and subsequent e-mail correspondence, the oven burner is a part for the non-portable steel/iron gas oven (range) for domestic use. The oven burner is classified in subheading 7321.90.5000, HTSUS, which provides for stoves, ranges, grates, cookers ... and parts thereof, of iron or steel, parts, of articles in subheading 7321.11.30 [stove or ranges], other.

USMCA:

The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. ยง 4511(a)). General Note ("GN") 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states:

For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a "good originating in the territory of a USMCA country" only if-

(i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries;

(ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials;

(iii) the good is a good produced entirely in the territory of one or more USMCA countries using non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o));

Since the subject oven burner contains non-originating materials, it is not considered a good wholly obtained or produced entirely in a USMCA country under GN 11(b)(i), nor is the product produced exclusively from originating materials per GN 11(b)(ii). Thus, we must determine whether the product qualifies under GN 11(b)(iii). The oven burner is classified under subheading 7321.90, HTSUS. The applicable rule of origin for goods classified under subheading 7321.90, HTSUS, is in GN 11(o)/ Chapter 73, HTSUS, which provides, in relevant part:

24. A change to subheading 7321.90 from any other heading.

Based on the facts provided, the oven burner in both sourcing/manufacturing scenarios described above qualifies for USMCA preferential tariff treatment, it meets the requirements of General Note 11(b)(iii) since the non-originating components and materials undergo the prescribed tariff shift. The merchandise will, therefore, be entitled to a free rate of duty under the USMCA upon compliance with all applicable laws, regulations, and agreements.

HOLDING:

The oven burner, in both sourcing/manufacturing scenarios described above, qualifies for USMCA upon compliance with all applicable laws, regulations, and agreements. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.

Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Michael Chen at [email protected].

Sincerely,

(for)
James Forkan
Acting Director
National Commodity Specialist Division